As noted in an earlier post, the Families First Coronavirus Response Act (FFCRA), which becomes effective on April 1, 2020, provides for emergency paid family leave and emergency paid sick leave related to the ongoing coronavirus pandemic and COVID-19.  While the FFCRA applies to employers with fewer than 500 employees, employers with less than 50 employees may qualify for an exemption under soon to-be-issued regulations if the employer’s viability would be jeopardized.

The U.S. Department of Labor (DOL) has now issued specific guidance on the FFCRA provisions affecting employers and employees, including that the FFCRA leave provisions are not retroactive. The DOL has also prepared a Notice Poster which must be posted by an employer in a conspicuous place on its premises, or emailed or mailed to its employees, or posted on an employee information internal or external website.

In addition to the Notice Poster, the DOL guidance covers the following topics:

• FFCRA Employer Paid Leave Requirements
• FFCRA Questions and Answers
• FAQ for FFCRA Notice Poster

Thank you, and please stay safe in this difficult and stressful time.

If you need assistance on this important issue, call or email me.  I’ll be happy to assist in anyway possible.

On March 19, 2020, in response to the difficult, unprecedented, and constantly-evolving COVID-19 national health emergency, Pennsylvania Governor Tom Wolf issued an Executive Order which has shut down the physical locations of all non-life-sustaining businesses in Pennsylvania, including all construction projects, both public and private, except for emergency repairs and projects related to health facilities. The shut down Order was effective March 19, 2020, with enforcement to begin today, March 23, 2020, at 8:00 AM. The shut down Order is subject to a waiver process that might allow certain physical work sites to remain open. Public contractors seeking a waiver of the shut down of their contracting businesses and physical work sites can find information about the waiver process here. Until a waiver is granted, the physical work sites cannot re-open. In addition, various public contractor trade associations are seeking relief from Governor Wolf’s order so that critical public highway and other public infrastructure projects can continue unabated.

The current COVID-19 pandemic and Governor Wolf’s Executive Order seem to fit squarely into the classic definition of “force majeure,” which typically includes “action or inaction by a governmental authority to the extent not caused by Contractor, war, civil riots, floods, natural disasters, fire, orders of any court or public authority having jurisdiction to the extent not caused by Contractor,” and other similar “acts of God” or circumstances beyond either party’s reasonable control.

In addition, public contractors holding contracts with Commonwealth agencies and departments are in a unique position because the public entity stopping their work is the public entity with whom they are contracting. That means the public entity is acting both in police power role and in a contracting party role.

Because this is a complicated area of the law, it is recommended that all public contractors consult with experienced legal counsel to determine whether to invoke and provide notice of force majeure to their public owner counterparts.

If you need assistance on this important public contracting issue, call or email me.  I’ll be happy to assist in anyway possible.

In response to the unprecedented COVID-19 national health emergency, Congress has passed and President Trump has signed legislation which applies to employers and employees affected by the ongoing COVID-19 pandemic. These include employers and employees working in the public contracting field.

The Families First Coronavirus Response Act (FFCRA) was signed into law on March 18, 2020, takes effect on April 2, 2020, and will remain effective through December 31, 2020. The FFCRA provides for emergency family leave and emergency sick leave benefits related to COVID-19. The FFRCA applies to employers with fewer than 500 employees. However, employers with less than 50 employees may be exempted by regulations of the US Department of Labor if the leave payments required under the FFCRA would jeopardize the employer’s viability.

My law firm Charlson Braber McCabe & Denmark has prepared a summary of the key provisions of the FFCRA. The summary can found be here.

Thank you and stay safe.