Hit t the G e Ground R Running: Tactics for Re-Opening During - - PowerPoint PPT Presentation

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Hit t the G e Ground R Running: Tactics for Re-Opening During - - PowerPoint PPT Presentation

Mar 30, 2023 155 likes •476 views

Hit t the G e Ground R Running: Tactics for Re-Opening During COVID-19 LAURA L. RUBENSTEIN, ESQ., GREGORY P. CURREY, ESQ., HARRY J. PLACK, CPA, AND MORGAN T. DILKS, ESQ. www.wcslaw.com | 1 Ob Objec ectives In this webinar, we will

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Hit t the G e Ground R Running:

Tactics for Re-Opening During COVID-19

LAURA L. RUBENSTEIN, ESQ., GREGORY P. CURREY, ESQ., HARRY J. PLACK, CPA, AND MORGAN T. DILKS, ESQ.

www.wcslaw.com | 1

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Ob Objec ectives

In this webinar, we will discuss:

  • Overview of the Current Climate
  • Actions your Business Can Take Right Now
  • Mandated Employee Benefits
  • Managing PPP Funds
  • Planning for Reopening
  • Staff Health and Safety Concerns and

Responsibilities

  • Capitalizing on Opportunities

www.wcslaw.com | 2

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Meet Laura L. Rubenstein, Esq.

  • Represents employers
  • Focuses on compliance

issues, sensitive harassment and discrimination issues, navigates through policies and practical application of ADA, FMLA, FLSA, etc.

  • Guiding employers through

Coronavirus Pandemic

  • Experienced litigator &

counselor

www.wcslaw.com | 3

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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 | 4

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Meet Harry Plack, CPA

Managing member of Plack Group, LLC

  • Profit improvement for business
  • wners
  • Reducing tax burdens through

advanced tax strategies

  • Business valuation for merger,

banking, and estate tax purposes

  • Formation of family limited

partnerships

  • Implementing and developing

procedures to improve profits

www.wcslaw.com | 5

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Meet Morgan T. Dilks, Esq.

  • Former financial manager and

accountant

  • Former small business owner
  • General practice attorney with a

focus on business development, transactions, and litigation.

www.wcslaw.com | 6

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DISCL CLAIMER: R:

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.

www.wcslaw.com | 7

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Wher ere A e Are W e We N Now?

  • Non-essential

businesses are starting to reopen with services limited

  • Schools and daycares

still closed indefinitely

  • Legislation passed

creating paid leave for employees

  • Modification of state

unemployment benefits

  • Legislation passed for a

significant stimulus

www.wcslaw.com | 8

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Cash Flow M Managem emen ent

Cash Flow Management Preservation of Cash is Crucial

  • Put off expenditures that are not critical to the operation of

your business.

  • Put off expenditures that do not help your business REMAIN

in business.

  • Analyze your expenses to determine if there is anything that

you can currently do without.

  • Project your cash flow over the next 4 weeks. What do you

expect to come in, and what absolutely must go out?

This should be a weekly exercise

www.wcslaw.com | 9

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Pres eservation

  • n o
  • f Cash, Ctd.

Implementing a Cash Preservation Strategy:

  • Receivables Management
  • Working with vendors
  • Working with banks

www.wcslaw.com | 10

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Staffing C g Consider erations

Payroll costs account for a high percentage of expenses in many businesses. Things to consider:

  • Who is necessary for continued operations?
  • Consider working with your employees to adjust costs
  • Coordination with unemployment benefits
  • Reduced schedules vs. reduced staffing
  • PPP loans and staffing strategies – forgiveness vs. cash

flow issues beyond the initial 8 weeks

www.wcslaw.com | 11

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Inven entor

  • ry M

y Man anagem emen ent

  • Take stock of the inventory that you currently

need to operate and the inventory you can

  • perate without.
  • Reach out to vendors to determine if they

would consider credits for inventory returns – return inventory you don’t need for cash or a credit.

www.wcslaw.com | 12

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Emer ergen ency F y Funding

  • PPP, EIDL, and other government grants and

loans

  • Other employee retention tax credits
  • Making the most of government stimulus and

relief packages

www.wcslaw.com | 13

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Makin ing t the M Mos

  • st of
  • f PP

PPP

The Paycheck Protection Programs

  • What can PPP be used for?
  • Requirements for eligibility for forgiveness
  • Maximizing the effectiveness of your PPP loan
  • How to handle your PPP funds

www.wcslaw.com | 14

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Ha Handling E Employee ee C Concer erns

Messaging about how you will safely reopen is key! Polls and news reports show that many employees are fearful of returning to work, even if state and local governments permit them to reopen.

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

www.wcslaw.com | 15

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PPE R Requirem emen ents

Prior to reopening, ensure that your business is compliant with OSHA and CDC recommendations Pay particular concern to:

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

www.wcslaw.com | 16

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Employee ees a at Ho 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

www.wcslaw.com | 17

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Emplo loyer L Liabil ilit ity - FA FAQs

  • Am I liable to an employee if they contract COVID-

19 at work?

  • Am I liable to an employee’s spouse or family

members if they contract COVID-19 at work?

  • What precautions am I required to take to protect

my employees?

  • What should I do if I have an asymptomatic

employee refusing to work due to fear of contracting COVID-19?

www.wcslaw.com | 18

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COV OVID-19 and t the A e ADA

The EEOC has issued guidance as to what steps an employer may take to protect its workforce from COVID-19

  • Employers are permitted greater leeway in asking

employees questions about symptoms of COVID-19

  • Employers can prevent employees showing

symptoms from working

  • Employers must still retain confidentiality of

identity of any employee diagnosed with COVID-19

www.wcslaw.com | 19

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COV OVID-19 and t the A e ADA

Frequently asked questions:

  • May I require that employees have their

temperature taken before coming in to work?

  • May I require a doctor’s note confirming that an

employee has not been diagnosed?

  • What information can I provide to co-workers who

may have been exposed to an employee with COVID-19 or COVID-19 symptoms?

www.wcslaw.com | 20

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What i t is the F e 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 the

tax imposed by the IRS for each calendar quarter in an amount equal to 100% of the wages paid to employees during each calendar quarter.

www.wcslaw.com | 21

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FFCRA CRA B Bene nefits

  • 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

  • Up to 10 additional weeks of pay when:
  • The employee’s school or child care provider is closed or

unavailable due to COVID-19

www.wcslaw.com | 22

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Documen ents N Need eeded ed F From

  • m

Employee ees

  • 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.

www.wcslaw.com | 23

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Caveats

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

to April 1, 2020? Must I pay them an additional 10 weeks to stay home with children b/c 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 told me she wants to take a 1-week vacation

in Florida, but upon her return, she’ll have to quarantine for 2 weeks pursuant to the governor’s orders of anyone returning to the state, which 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 law right now. What should I do?

www.wcslaw.com | 24

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FFCRA N Noncom

  • mpliance R

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.

www.wcslaw.com | 25

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Planning f g for Reopening

  • Costs of reopening
  • Bringing back top performers
  • Changing service models
  • Managing expectations

www.wcslaw.com | 26

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Practic ical C l Con

  • nsid

ideratio ions

  • Prepare your space for occupancy
  • Implement a Cleaning Plan
  • Physical Considerations
  • Communication with your Customers

www.wcslaw.com | 27

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Op Oppor

  • rtunities

es

What can businesses do to make the most of the crisis?

  • Focus on your core business
  • Innovate your business offerings
  • Build relationships with your

customers and vendors

  • Capitalize on the labor
  • pportunity

www.wcslaw.com | 28

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COV OVID-19 U UPD PDATE TES

  • Visit our COVID-19 Resource Pages for information

to help you navigate through these difficult times.

  • We have articles, webinars, and podcasts on

varying topics covering construction, surety, employment, corporate, real estate, business, family law, estates and trusts and more.

  • https://www.wcslaw.com/covid-19-resources/

www.wcslaw.com | 29

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Let’s Connect!

  • Wright, Constable & Skeen, LLP - LinkedIn
  • Laura Rubenstein – LinkedIn
  • Greg Currey – LinkedIn
  • Morgan Dilks – LinkedIn
  • Harry Plack – LinkedIn
  • Plack Group – LinkedIn

www.wcslaw.com | 30

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Questions?

Laura L. Rubenstein, Esq. 410-659-1347 LRubenstein@wcslaw.com Harry J. Plack, CPA 410-893-9100 HPlack@Plack.com Gregory P. Currey, Esq. 410-659-1354 GCurrey@wcslaw.com Morgan T. Dilks, Esq. 410-659-1317 MDilks@wcslaw.com

Wright, Constable & Skeen, L.L.P. 7 St. Paul Street, 18th Floor Baltimore, MD 21202 www.wcslaw.com

www.wcslaw.com | 31