On March 25, 2020, the Department of Labor (“DOL”) provided guidance on the posting requirements for the “Employee Rights” poster for the Families First Coronavirus Response Act (the “Act”). The DOL also provided a first copy of the “Employee Rights” poster that all employers with less than 500 employees must post on or before April 1, 2020.

The DOL provided the following guidance regarding the “Employee Rights” poster:

• Employees may email the “Employee Rights” poster to their employees since many employees are currently teleworking.
  
  
• Employers may satisfy the requirement to post the “Employee Rights” poster in a “conspicuous place” at their premise by emailing the poster to their workforce.
  
  
• The “Employee Rights” poster is currently only available in English and the DOL is working to have it translated.
  
  
• Employers do not have to translate the current version of the “Employee Rights” poster if their workforce primarily speaks a language other than English. The DOL will provide translated copies later.
  
  
• Employers are not required to provide the information in the “Employee Rights” poster to recently laid off employees.
  
  
• However, employers must provide the information contained in the “Employee Rights” poster to new hires and this may be done by email, providing a paper copy to the new hires in person or by mail, or by posting the poster in a conspicuous place at the employer’s premise.
  
  
• Employers must post the “Employee Rights” poster in multiple buildings if the employer does not have a main office or headquarters where all employees are present at some time during the workday.

The “Employee Rights” poster may be found here. The DOL’s guidance regarding the poster may be found here. Pannone Lopes Devereaux & O’Gara LLC attorneys will continue to update employers as the DOL issues additional guidance and regulations regarding the Act.If you have questions, please contact PLDO Partner Matthew C. Reeber at 401-824-5105 or mreeber@pldolaw.com or PLDO Principal William E. O’Gara at 401-824-5117 or wogara@pldolaw.com.


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