Small Business Funding Agreement Reached by Congress and Treasury

Today Treasury Secretary Steven Mnuchin and Congressional leaders reached a deal that will add approximately $484 billion to the $2 trillion plus CARES Coronavirus response legislation passed at the end of March 2020.  The initial $322 billion for small business loans and Payroll Protection Plan (PPP) loans in the CARES Act ran out of funding within 2 weeks. Today’s agreement includes $60 billion earmarked for small-business disaster loans and grants, $75 billion in emergency funding for hospitals, $25 billion for testing, and more than $320 billion in additional funding for the PPP.

The legislation will include a requirement that $60 billion of the money for the small business loans be set aside for smaller lenders. In the last two weeks we learned that it’s extremely important to be working with the right banks and the right relationships.  The difference between who was approved for PPP loans and who was denied oftentimes came down to the banking institution itself, rather than need.  Small businesses that filed with community banks seemed to have more success. Do not wait until the legislation is passed to get your documentation together for a PPP application, rather establish the bank relationship now so you can move quickly. Please don’t hesitate to reach out if I can assist you by connecting you with a community bank that is open to new clients for PPP loans.

Keep in mind that for now, this is just an agreement and legislation has not been passed. The Senate is expected to pass the expanded funding legislation by unanimous consent today. House leaders are planning a vote on Thursday. President Trump has tweeted that he plans to sign in to action what Congress approves.

While this relief is welcome news to many small businesses, the issue of funding governments and municipalities will not be addressed in this new agreement. Lawmakers have already begun issuing proposals and demands for the next round of funding even though this round has yet to be signed.

As you face the day to day questions of balancing business concerns, the law, and health and safety, the firm is here to assist in any way we can.

Do You Have a Pandemic Plan in Place Yet?

Almost every day I’m asked, “when will things go back to normal?” My answer is simple: no one knows, so let’s plan for that.  As federal, state, and local governments begin transitioning back into everyday activities, businesses should take this time to draft a Pandemic Plan.

Unlike the natural and war time disasters our country has experienced in the past, COVID-19 is not confined in either space or time.  Until a vaccine is readily available and disbursed (many say 18-24 months), we cannot anticipate a return to work as we once knew it. The social-distancing strategy is working, but at such an economic cost that it can’t be sustained indefinitely. So when restrictions relax, we will likely see some states or cities that experience a similar resurgence in cases as when Singapore, China, and other Asian states first eased their restrictions.  Moreover, even though this is the first worldwide pandemic in a century, more regionalized pandemics have become increasingly common.

Those businesses that will survive and thrive during this time will have prepared and implemented a Pandemic Plan.  These plans are similar to business continuity plans, or as we call them in Florida, hurricane plans. Right now, the whole country is experiencing business restrictions, but when national restrictions are relaxed and the differences between states and municipalities become more pronounced, customers and clients may be less understanding of delays in service when they are not experiencing the same restrictions in their area.

Every business will have different needs, but at a minimum, your written Pandemic Plan should establish:

• a leadership committee that will implement and execute when timing is necessary,

• contract revisions for services to include pandemic language,

• payroll procedures to ensure employees are being paid,

• pay policies for employees so they know what to expect,

• succession plans in the event leadership is infected or otherwise debilitated,

• new processes for how to deliver goods/services to customers in the event they are unaffected by the pandemic when your business operation is affected, and

• expectations for your employees of what would be different in the next scenario (if anything) and what would remain by disbursing the written plan and educating employees in advance.

Please reach out to the firm if we can help you draft your Pandemic Plan. As you face the day-to-day questions of balancing business concerns, the law, and health and safety in the Coronavirus era, the firm is here to help.

Terin Appears on NBC to Discuss Impact when Employees Test Positive for COVID-19

Terin appeared on the local NBC affiliate last night to discuss what employers have to share with their employees when there is a positive COVID-19 diagnosis among the staff.

https://www.wfla.com/8-on-your-side/coronavirus-in-palmetto-several-residents-staff-members-test-positive-at-nursing-home/?fbclid=IwAR0xelO0SxDjZeQcyj55uAHDNZSAejAMsRPxb0CZvtYewQK-BJbptUJwuTQ

This Week's Top 10 Questions from Employers During the COVID-19 Era

One week since the Families First Coronavirus Response Act (“FFCRA”) went into effect, and businesses and employees are still struggling to understand the new law.  Here are the top ten questions the firm received over the last week and the abbreviated answers.

1. Does the FFCRA apply to businesses with less than 50 employees?

   • Yes! While there is an opportunity for some small businesses to receive an exemption, this is not automatic and needs to be documented.

2. Do I have to pay an employee for leave under the FFCRA if they were furloughed?

   • No, but you need to make sure you understand what a furlough is, since the media has sometimes described the concept inaccurately.

3. My employee has expressed concerns about coming to work and did not show up today, can I fire him?

   • Maybe, first let’s look at the employee’s reason why and whether you are obligated to provide them with information on FFCRA leave.

4. Will the tax credit for paying employees leave under the FFCRA be automatic?

   • No, you will be required to present documentation. You should start preparing for this now.

5. Can I require my employee to take unused PTO or sick leave before using leave under the FFCRA?

   • No. You should consider modifying your leave policies in light of the additional leave under the FFCRA’s emergency paid sick leave requirements.

6. Do I have to keep records of an employee’s request for FFCRA leave?

   • Yes. Regardless of whether you grant or deny a request for paid sick leave or expanded family and medical leave, there are several requirements for what must be documented by the employer.

7. My worksite is closed. Do I have to provide leave under the FFCRA?

   • No, not while it is closed. The answer, however, gets complicated if only part of a larger operation or site is closed.

8. If my employee already used his 12 weeks of FMLA leave for the year, must I provide an additional 12 weeks under the FFCRA’s Extended FMLA?

   • It depends on whether your company policy calculates FMLA leave on a rolling or calendar basis.  Extended FMLA expires December 31, 2020.

9. We have been deemed an “essential business” by our state or local government, are we now exempt from the FFCRA requirements?

   • No. FFCRA only exempts health care providers and emergency responders.

10. My employee has elected to take leave under the FFCRA because they are quarantined and waiting on a COVID-19 diagnosis. Do I have to notify my other employees and customers?

    • This is a complicated question that needs to be addressed on a case-by-case basis. We should discuss.

As you face the day-to-day questions of balancing business concerns, the law, and health and safety, please contact me if you have any questions.
 

NEW FEDERAL EMPLOYMENT LAWS AND FLORIDA’S SAFER-AT-HOME ORDER IN PLACE

Today is the day! Both the Families First Coronavirus Response Act’s Extended Family Medical Leave (E-FMLA) and Emergency Paid Sick Leave (E-PSL) are effective today, April 1, 2020. Make sure your notice is posted and you have policies in place for both E-FMLA and E-PSL so you can demonstrate compliance.

On top of these new federal laws, today Florida Governor Ron DeSantis issued a statewide shutdown executive order. The order will be effective from 12:01am on April 3, 2020 through April 30, 2020.  The order requires that all persons in Florida “shall limit their movements and personal interactions outside their home to only those necessary to obtain or provide essential services or conduct essential activities.” 

The Governor’s 34-page order outlines essential services businesses that may remain operational and essential activities Floridians may participate in. The order must be read in conjunction with any local orders that have been issued in your county and municipality.  If you have any questions on how this order affects your business please reach out to the firm.

If you’d still like more information, below are 2 webinars I participated in that focus on supporting small businesses during the COVID-19 pandemic.

• Webinar by the Tampa Bay Chamber (over 500 attendees)

• Legal focused webinar hosted by Key Associates

As you face the day to day questions of balancing business concerns, the law, and health and safety, the firm is here to assist in any way we can. Please email me for more information.

Emergency Coronavirus Bill Signed into Law

This post was originally published as a guest post in Mary Key’s Key Associate’s forum.

On March 18, 2020 President Trump signed US House of Representatives’ Families First Coronavirus Response Act (H.R. 6201).  

The bill applies to employers with fewer than 500 employees. The following is a summary of some of the highlights that will affect these employers:

• 12 weeks of job-protected paid FMLA for Employees who have worked for the Employer for at 30 days. 

  • Employees may elect to use accrued PTO during the first 10 days.

  • Employees may use the leave to care for a child under 18 whose school or daycare has been closed as a result of COVID-19.

  • Following the first 10 days of leave, employers must compensate employees by at least 2/3 of the employees’ regular rate of pay with a $200 per day cap and $10,000 aggregate.

• Emergency Paid Sick Leave 

  • Employers must provide full time employees with 80 hours of paid sick leave for circumstances related to COVID 19.

    • Part time employees are entitled to the number of paid sick time equal to the number of hours they work over an average 2-week period calculated from a 6 month look back.

  • Paid sick time must be at the regular rate of pay with a cap of 

    • $511 per day per employee and $5,110 max if the employee has COVID-19.

    • $200 per day per employee and $2,000 max if the employee is caring from children under 18 whose school or daycare has been closed

• Employers must post notices of Employee’s leave rights.

• These provisions will be effective on April 1, 2020 and expire December 31, 2020.

To alleviate some of the financial burden, the bill provides for a limited refundable employment tax credit equal to the amount that an employer pays to an employee under this provision, i.e., up to $511, or $200 respectively, to a maximum of ten days per employee for the year.

As you face the day to day questions of balancing business concerns, the law, and health and safety, the firm is here to assist in any way we can: tcremer@barbascremer.com. 

Is My Business Essential? Staying in Business During COVID-19 Shutdown Orders

Over the last 2 weeks, clients have had the Firm review numerous local and state shutdown orders (also referred to as stay at home orders in some areas) outlining which businesses and employees can report to work, and those that must shut down.  Each Executive Order differs as state and local governments independently define what they consider essential business.

For example, on March 26, 2020, Hillsborough County Florida issued it’s Safer-At-Home Order (“Safer At Home”) to go into effect at 10:00 p.m. on March 27, 2020. Like many orders, Safer At Home does not list an end date and will be ongoing until the County rescinds it.

Safer At Home allows Hillsborough County residents to continue to engage in essential activities and non-essential activities if social distancing and other CDC recommendations are met.

Safer At Home lists 42 broadly stated essential individuals, businesses, and services that may continue to operate provided they have implemented social distancing and other Florida Department of Health guidelines.

Businesses which are not described in Safer At Home, and which are unable to maintain six feet of distance between employees and/or customers must close.

Employers who operate or have employees residing in areas where Safer At Home or a similar shutdown order apply should:

• Assess whether you may remain open as an essential business per the guidelines in your local and state executive orders.

• If you qualify as an essential business, provide your employees with written notification alerting them that you are remaining open, and a formal letter that they can provide authorities if questioned on the drive to/from work.

• Evaluate what business practices should be modified and implemented to follow CDC and other health guidelines and minimize liability from employees and customers.

If you need assistance with any of the above, the Firm is here to assist in any way we can.

Department of Labor Issues Guidance and Notice Requirements under COVID-19 Bill

On March 25, 2020 the Department of Labor (“DOL”) published a required notice under the Families First Coronavirus Response Act for employers with fewer than 500 employees. Those employers must post this notice by April 1, 2020. The notice is available here. In addition, the DOL has issued FAQ’s to address questions on how to distribute the information.

Note that the DOL has changed the effective date to April 1, 2020 rather than April 2 which had been previously reported.

Action items for employers less than 500 before April 1, 2020:

• Draft a handbook policy for Emergency FMLA and Emergency Paid Sick Leave

• Post and/or distribute the new DOL notice poster

• Update leave and FMLA policies to anticipate these new required policies

If you need assistance with drafting any of the above, we are able to do so.

For additional information on what is required of employers under the Families First Coronavirus Response Act, please see the Firm’s summary here.

As you face the day to day questions of balancing business concerns, the law, and health and safety, the firm is here to assist in any way we can.

Emergency Coronavirus Bill Signed into Law

President Trump has signed the Families First Coronavirus Response Act into law. The Act remained unchanged following the House’s revisions, and Senate’s passage on Wednesday March 18, 2020.

The Act applies to employers with fewer than 500 employees. The firm’s emailed summary of the Act’s impact on Employers from March 18, 2020 can be found here.

The Families First Coronavirus Act will be effective no later than April 2, 2020. The firm is here to help Employers with drafting policies and handbook updates to address the new requirements and communicate with employees.

As you face the day to day questions of balancing business concerns, the law, and health and safety, the firm is here to assist in any way we can.