As discussed previously, the Families First Coronavirus Response Act (Famlies First Act) requires employers to provide paid sick leave and expanded Family Medical Leave Act (FMLA) time. However, the act provided that the Secretary of Labor could exempt small businesses with fewer than 50 employees when the imposition of these requirements would jeopardize the viability of the business. In my earlier blog posts, I noted that lawyers were unable to identify the criteria for the exemption because the Department of Labor had not yet identified them. Notably, we anticipated regulations from the Department of Labor. However, as of this morning, we have informal “FAQ” guidance on the Department’s website that does give some clarity to the situation.