COVID-19 Overview for Small Businesses STEPHEN H. KAUFMAN, ESQ. GREGORY P. CURREY, ESQ. www.wcslaw.com 1
• Steve represents businesses in the Meet healthcare industry Stephen H. • Focuses on Kaufman, employment issues, Esq. contracting and litigation • Frequent author and national lecturer on healthcare-related matters • Experienced litigator & counselor www.wcslaw.com 2
• Focuses on compliance with Title VII, ADA, FMLA, Meet FLSA, and immigration. Gregory P. • Counsels on practical Currey, Esq. 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 only 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 | 4
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” www.wcslaw.com 5
www.wcslaw.com 6
Overview of the Current Climate www.wcslaw.com 7
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 www.wcslaw.com 8
COVID-19 and Employees www.wcslaw.com 9
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 www.wcslaw.com 10
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? www.wcslaw.com 11
Employees at Home What is an employer permitted to do to control an employee’s conduct outside 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 12
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 www.wcslaw.com 13
COVID-19 and Customer Issues www.wcslaw.com 14
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 www.wcslaw.com 15
Emergency Funding www.wcslaw.com 16
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 www.wcslaw.com 17
Paycheck Protection Program www.wcslaw.com 18
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 www.wcslaw.com 19
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 www.wcslaw.com 20
Families First Coronavirus Response Act www.wcslaw.com 21
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 www.wcslaw.com | 22
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 www.wcslaw.com | 23
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 www.wcslaw.com 24
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 of 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 | 25
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? www.wcslaw.com | 26
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. www.wcslaw.com | 27
Workforce Right-Sizing www.wcslaw.com 28
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 www.wcslaw.com 29
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? www.wcslaw.com 30
Questions? Stephen H. Kaufman, Esq. Gregory P. Currey, Esq. 410 -802-7585 410-659-1354 skaufman@wcslaw.com GCurrey@wcslaw.com https://www.linkedin.com/in/s https://www.linkedin.com/in tephen-kaufman-793a904/ /gregcurrey/ www.wcslaw.com 31
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