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.
Ross T. Hendrickson
MRH Insurance Group, Inc.
"I want to thank you and your team again at HR Partners for your amazing work in securing a high-quality Customer Service Representative (CSR) for our Topeka MRH Insurance Group office.
Without a doubt, if it were not for your company’s ability to understand the different paths to communicate our need, we would not have been successful in securing, in our opinion, the very best CSR in Topeka. HR Partners was instrumental in providing the strategy to secure such an individual for our company and my workings with each and every member of your team was professional and impressive.
I shall ever be grateful for your assistance in helping our company grow in Topeka and northeast Kansas by securing the right MRH Team Member for our operation."