The Department of Labor’s guidance now includes more detailed information on the Small Business Exemption for employers with fewer than fifty (50) employees. The DOL first identifies (3) three circumstances which would satisfy the requirement that compliance with the Families First Coronavirus Response Act (“FFCRA”) will jeopardize the viability of the small business as determined by an authorized officer of the business:
As of right now, it appears that the DOL is trusting small businesses to use good faith in determining if they qualify for the exemption. However, the DOL does note that if electing to use the small business exemption, the employer should document why the business meets the criteria set out above.
Additionally, it is important to note that as of right now, the exemption is only for leave taken for childcare related purposes. As a result, small businesses may not be exempt for the Emergency Paid Sick Leave Act if the leave is being taken for a qualifying reason outside of childcare.
Brent Boles
Co-Owner
Schendel Lawn and Landscape
"Schendel works with HR Partners in several different capacities over a five state area. They answer our questions about employment law, help train our management staff to be better leaders, and ensure our employee policies and procedures are legally sound and in the best interests of both Schendel and our co-workers.
I've always found the HR Partners teamf to be very knowledgeable, friendly and easy to work with. The relationship we have formed with them helps protect both our company and our co-workers, and I feel it is very beneficial to Schendel."