FFCRA Exemption Letter

In response to the COVID-19 pandemic, Congress passed the Families First Coronavirus Response Act (“FFCRA”), which requires employers to provide certain benefits to those unable to work because of COVID-19, including 80 hours of paid sick leave to each employee.  Small businesses are exempt from the FFCRA if they: (1) have fewer than 50 employees and (2) have determined that providing FFCRA benefits would jeopardize the viability of the business as an ongoing concern in accordance with certain financial criteria outlined in Department of Labor (“DOL”) regulations.  To qualify as exempt, businesses must maintain a record of this determination in their files. (29 C.F.R. § 826.40(b).)

DPA Attorneys at Law is pleased to offer clients who employ less than 50 employees and who believe they are exempt from the FFCRA, preparation of a certificate that satisfies the DOL regulations.  Having a certification in your records is necessary to insulate your business against the often-exorbitant cost of litigation by employees who mistakenly believe they are entitled to 80 hours of leave under the FFCRA.

DPA Attorneys at Law is offering this certification for a flat rate of $500.  To prepare the certificate, we will need your total number of full and part time employees, the regular rate of pay for each employee, the name and title of the officer you want signing the certificate, and your profit and loss statement for January-June 2020. If you are interested, please contact our office at manager@dpaattorneys.com.