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

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 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

• Represents employers Meet • Focuses on compliance issues, sensitive Laura L. harassment and Rubenstein, discrimination issues, navigates through policies Esq. and practical application of ADA, FMLA, FLSA, etc. • Guiding employers through Coronavirus Pandemic • Experienced litigator & counselor www.wcslaw.com | 3

• 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 | 4

Managing member of Plack Group, LLC • Profit improvement for business owners Meet Harry • Reducing tax burdens through Plack, CPA 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

• Former financial manager and accountant Meet • Former small business owner Morgan T. • General practice attorney with a Dilks, Esq. focus on business development, transactions, and litigation. www.wcslaw.com | 6

DISCL CLAIMER: R: 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 | 7

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

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

Pres eservation on o of Cash, Ctd. Implementing a Cash Preservation Strategy: • Receivables Management • Working with vendors • Working with banks www.wcslaw.com | 10

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

Inven entor ory M y Man anagem emen ent Take stock of the inventory that you currently • need to operate and the inventory you can operate 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

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

Makin ing t the M Mos ost of of 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

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

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

Employee ees a at Ho 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 | 17

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

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

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

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

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

Documen ents N Need eeded ed F From om 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 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 | 23

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