COVID-19 Overview for Small Businesses STEPHEN H. KAUFMAN, ESQ. - - PowerPoint PPT Presentation

COVID-19 Overview for Small Businesses

STEPHEN H. KAUFMAN, ESQ. GREGORY P. CURREY, ESQ.

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Meet Stephen H. Kaufman, Esq.

• Steve represents

businesses in the healthcare industry

• Focuses on

employment issues, contracting and litigation

• Frequent author and

national lecturer on healthcare-related matters

• Experienced litigator &

counselor

www.wcslaw.com 2

Meet Gregory P. Currey, Esq.

• Focuses on compliance

with Title VII, ADA, FMLA, FLSA, and immigration.

• Counsels on practical

impact of policies and procedures, drafts and negotiates contracts, handbooks, and internal policies

• Experienced litigator &

counselor

www.wcslaw.com 3

DISCLAIMER:

This webinar is provided for informational purposes

• nly and is not legal advice. Participation in this

webinar does not create an attorney-client relationship between Wright, Constable & Skeen and the participant. The general opinions expressed at or through this webinar are the opinions of the attorney and may not reflect the opinions of the firm or any individual attorney of the firm.

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Topics

• Overview of the Current Climate
• COVID-19 and Employee HR Issues
• COVID-19 and Customer Issues
• Emergency Funding (PPP, etc)
• Families First Coronavirus Response

Act (FFCRA)

• Workforce “Right-Sizing”

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Overview of the Current Climate

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Where Are We Now?

• 90% of Dental

Practices reopened

• Schools and daycare

unclear for the fall

• New Paid Leave
• Increase to state

unemployment benefits

• Initial stimulus

packages have largely run their course

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COVID-19 and Employees

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Addressing Employee Concerns

Messaging is key! Polls and news reports show that many employees are fearful of returning to work

• Employees with medical issues
• Employees with family with medical issues
• Employees with safety concerns
• Employees who prefer to collect unemployment

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PPE Requirements

Prior to reopening, ensure compliance with OSHA and CDC recommendations Pay particular attention to:

• What must be provided to your employees
• Are changes to the workplace necessary?
• Who is responsible for covering the cost?
• What if there is a shortage?

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Employees at Home

What is an employer permitted to do to control an employee’s conduct

• utside of work to ensure

that they do not bring COVID-19 to work?

• Privacy concerns
• Legal vs. illegal conduct
• Social distancing rules
• Social media issues

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COVID-19 and the ADA

EEOC guidance regarding protecting workers from COVID-19

• Employers are permitted greater leeway in asking

employees questions about symptoms of COVID-19

• Employers must maintain confidentiality of identity

employees diagnosed with COVID-19

• Employers can prevent employees showing

symptoms from working

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COVID-19 and Customer Issues

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Customer Communications

Things to consider:

• How will you communicate requirements – masks,

social distancing, customer capacity restrictions, do not enter if symptomatic, etc.

• Temperature checks for customers and clients
• Hand-sanitizer and/or handwashing stations
• Signage explaining disinfection practices, air

filtration systems in use

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Emergency Funding

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Emergency Funding

• PPP, EIDL, and other government grants and loans
• Other employee retention tax credits
• State and Local Governments have their own programs,

primarily for small businesses

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Paycheck Protection Program

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Making the Most of PPP

• What can PPP be used for?
• Requirements for eligibility for

forgiveness

• Maximizing the effectiveness of

your PPP loan

• How to handle your PPP funds

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Rent and Mortgage Expenses

Up to 40% of PPP expenses can be forgiven for rent and mortgage interest expenses

• There are no additional government programs providing

relief for commercial rent and mortgages

• Review your lease carefully for ability to adjust, modify or

terminate early

• Talk to your lender or landlord regarding adjustments or

abatement

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Families First Coronavirus Response Act

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What is the FFCRA?

• Provides paid sick leave and expanded family and

medical leave

• Applies to companies with fewer than 500

employees

• Employees must be employed at least 30 days
• Employers are entitled to a tax credit against their

federal payroll taxes each quarter

• Exceptions may apply to employers with fewer

than 50 employees

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FFCRA Benefits

• Up to two weeks (80 hours) of paid sick leave to employees who:
• Are subject to a federal, state or local isolation order b/c of

COVID-19

• Have been advised by a health care provider to self-quarantine

because of COVID-19

• Are experiencing COVID-19 symptoms and are seeking a medical

diagnosis

• Are caring for an individual in isolation or in self-quarantine
• Are caring for a child (under age 18) whose school or child care

provider is closed or unavailable due to COVID-19

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FFCRA Benefits, Ctd.

• Up to 10 additional weeks of pay when:

The employee’s school or child care provider is closed or unavailable due to COVID-19

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Documents Needed For Tax Credit

• If leave is based on a quarantine order or self-quarantine

advice, the statement from the employee should include the name of the government entity, or the name of the health care professional advising self-quarantine, and, if the person subject to the quarantine order is not the employee, that person’s name and relation to the employee.

• If leave is based on a school closing or child care provided

being unavailable, the statement from the employee should include the name and age of the child to be cared for, the name

• f the school that has closed or place of care that is unavailable,

and a representation that no other person will be providing care for the child.

• Documents should be maintained by the employer for four

years.

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FFCRA FAQs

• 1. What if my employee has already used FMLA leave prior

to April 1, 2020? Must I pay them an additional 12 weeks to stay home with children because school is closed?

• 2. My employee is afraid of returning to work for fear of

being exposed to the Coronavirus. What are my options for them?

• 3. My employee requested a 1-week vacation to travel to

Florida, but upon her return, she’ll have to quarantine for 2 weeks pursuant to the governor’s orders. That means she’ll be out for 3 weeks - - all paid. I can’t have her gone that long and I think she’s taking advantage of the FFCRA

• benefits. What should I do?

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FFCRA Noncompliance Risks

• There have been FFCRA noncompliance lawsuits

brought by individual employees against employers as early as three weeks ago.

• The DOL can also file legal actions for non-

compliance.

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Workforce Right-Sizing

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Furloughs, Layoffs and RIFs

• Difference between a furlough and a layoff
• When do you furlough vs. when do you layoff?
• Considerations for exempt employees
• What should be communicated to employees?
• Will you offer severance?
• If you offer a severance and require a release, ensure

compliance with the OWBPA

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Unemployment Compensation

• Cares Act temporary increase in unemployment

by additional $600 per week

• Does a reduced schedule qualify for

unemployment?

• What are work-sharing plans?

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Stephen H. Kaufman, Esq. 410 -802-7585 skaufman@wcslaw.com https://www.linkedin.com/in/s tephen-kaufman-793a904/ Gregory P. Currey, Esq. 410-659-1354 GCurrey@wcslaw.com https://www.linkedin.com/in /gregcurrey/

Questions?