Greater Memphis Chamber COVID-19 Employer Impact Q&A - - PowerPoint PPT Presentation

greater memphis chamber covid 19 employer impact q a
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Greater Memphis Chamber COVID-19 Employer Impact Q&A - - PowerPoint PPT Presentation

Greater Memphis Chamber COVID-19 Employer Impact Q&A Comprehensive HR/Payroll, Benefits & Recruitment Serving small to large businesses & nonprofits for 33+ years Private Memphis based company Clients across all 50 states


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Greater Memphis Chamber COVID-19 Employer Impact Q&A

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Comprehensive HR/Payroll, Benefits & Recruitment

ü Serving small to large businesses & nonprofits for 33+ years ü Private Memphis based company ü Clients across all 50 states & 1000s of work locaRons ü ESAC cerRfied | NAPEO Member & Chair ü Processed $1.5B in payroll & 80,000 W2s in 2019

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Adams Keegan COVID-19 Expert Consultants

Marty Barton SVP/Legal Counsel Marty.Barton@AdamsKeegan.com 901-683-5353 Charles Rodriguez VP of Human Capital Management Charles.Rodriguez@AdamsKeegan.com 770-709-7204

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Happening Now

FFCRA CARES Act

Emergency Paid Sick Leave

Expanded FMLA

Medical Plans

WORK TN UI Benefit

ü SBA ü $600 Last Week & Today

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Employer Priority Item #1

§ April 1 – Families First Coronavirus Reponses Act

‒ Applies to Employers with 499 or less Employees ‒ 2 Key emergency provisions

1. Paid Sick Leave: 10 days at full pay (max. $5,110 maximum) 2. FMLA Expansion: up to 12 weeks of pay (2/3 pay up to $200/day)

‒ Tax credits for payroll and benefits, TBD ‒ Pos`ng no`ce requirement

hbps://www.dol.gov/sites/dolgov/files/WHD/posters/FFCRA_Poster_WH1422_Non-Federal.pdf

‒ Updated provision for exemp`ng Employers under 50 Employees ‒ Safe harbor on compliance un`l 4/17

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CARES ACT

  • I. Loan Provisions
  • II. Unemployment Benefits
  • III. ReRrement Plan Flexibility
  • IV. Special Tax Credits & Deferrals
  • V. ExecuRve CompensaRon Limits
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CARES ACT – Paycheck ProtecRon Program

SBA’s 8 Week Loan-to-Grant Program

§ Up to 2.5x the average total monthly payments for payroll costs incurred during the one-year period prior to the date on which the loan is made; § The amount of loan forgiveness is further reduced by:

‒ The average number of full-`me equivalent employees per month employed by the eligible recipient during the covered period; ‒ The amount of any reduc`on in total salary or wages of certain employees during the covered period that is in excess of 25%…

Eligible covered expenses

ü Payroll costs ü Costs related to the con`nua`on of group health care benefits during period of paid sick, medical or family leave, and insurance premiums ü Employee salaries, commissions, or similar compensa`on ü Payments of interest on any mortgage

  • bliga`on

ü Rent ü U`li`es ü Interest on any other debt obliga`ons incurred before the covered period

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§ 50% Employee RetenRon Tax Credit ‒ Another op`on allows employers (regardless of size) that are uniquely affected by COVID-19 to claim a refundable tax credit against the employer por`on of payroll tax equal to 50% of certain wages paid to an employee between March 13, 2020 through the end of the year. Only $10,000 of wages could be taken into account for any employee. ‒ This 50% credit would be available to businesses (1) that have had their

  • pera`ons fully or par`ally suspended by government order due to COVID-19; or

(2) that experienced a 50% decline in gross receipts during a 2020 calendar quarter when compared with the same quarter in 2019.

  • Social Security Tax Deferral:

‒ Another provision that is available to employers of all sizes is the ability to defer the payment of the employer por`on of Social Security taxes (6.2% of wages) for the remainder of 2020. Fily percent of those deferred taxes would have to be repaid by the end of 2021, with the remainder due by the end of 2022.

CARES ACT – Tax Credits

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  • 1. Right now, there is no work to be done…it seems it may be in the best

interest of both employee and employer for the employee to get paid and not impact the payables for the company.

  • 2. What about 1099s?
  • 3. What about aggregated business with different FEINs?
  • 4. If we must cerHfy that the loan is necessary for “ongoing operaHons”...

We are closed, but sHll have all of the normal expenses. Will this count as “ongoing operaHons”.

  • 5. What about mulHple loans: PPP and Emergency Grants ?

Q&A

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Determine which opRon is best for your individual business: 1. Talk to your lender, ASAP 2. DifferenRate separaRons, Layoffs, Furloughs, Rehires 3. Communicate thoughgully with your people, or else…

SBA & Unintended Consequences