CARES Act Summary 4/14/20

The Latest

April 14

CARES Act Summary

The CARES Act was signed into law on March 27, 2020. This bill intends to provide emergency assistance and health care response for individuals, families, and businesses affected by the 2020 coronavirus pandemic.

CARES Act Summary (Document Download)


April 13

IRS CARES Act Update: PPP SBA Loans and Social Security Deferment

The IRS under the CARES Act has issued updated guidance for Businesses participating in the Paycheck Protection Program (PPP). The update allows businesses using PPP SBA Loans the following:

  • Employers that apply for and receive a PPP SBA loan can stop paying employer Social Security taxes.
  • The employers must begin paying their Social Security taxes again once they receive notice that their loan has been forgiven,
  • Any deferred employer Social Security taxes must have 50% repaid by the end of 2021 and the remainder by the end of 2022.

April 9

Covid-19 HR Update and FAQ Webinar Scheduled

Join us on April 16th for our latest COVID-19 Regulatory Update and FAQ webinar. In this 60-minute webinar, Kara Govro, Senior Legal Editor, will review current guidance and regulations related to COVID-19 legislation and address some of the most common COVID-19 employer questions.

Date: Thursday, April 16, 2020

Time: 12:00 PM Central

Click here to Register


April 6

FFCRA - Employee Request Form

Our HR team has put together an employee Emergency Paid Sick Leave and Expanded FMLA Request for you to provide to employees.


Federal and State Resources

The Federal and State Resources sections have been updated.

Federal COVID-19 Resources

State COVID-19 Resources


April 1

Paycheck Protection Program (PPP) SBA Loan Reports

Alliance has created a COVID-19 report group that contains all of the payroll reports clients will need when completing the PPP SBA Loan application.

Click here for details on the reports contained in AllPay.


March 31

FFCRA - Client Training Webinar

 

March 27

Coronavirus Aid, Relief, and Economic Security Act

The Coronavirus Aid, Relief, and Economic Security Act or the CARES Act,” was signed into law on March 27, 2020.

Read the full bill here


FFCRA - Employee Notice Poster

Each covered employer must post a notice of the Families First Coronavirus Response Act (FFCRA) requirements in a conspicuous place on its premises. An employer may satisfy this requirement by emailing or direct mailing this notice to employees, or posting this notice on an employee information internal or external website.

FFCRA Employee Poster Download

FFCRA Employer Notice FAQ's


March 25

Alliance Payroll FFCRA Training Webinar Scheduled

To ensure proper reporting of the employer tax credits available under the FFCRA Emergency FMLA and Paid Sick Leave benefits, Alliance will be globally setting up earning codes. The new codes will be available for use Wednesday, April 1st.

Please join us for our FFCRA Training Webinar to learn the exact procedures to track FFCRA in your AllPay software:

Date: Tuesday, March 31st

Time: 10:00 AM Central

Click here to Register (this webinar will be recorded and posted in AllPay University)


FFCRA Effective date moved to April 1st, 2020

The Department of Labor (DOL) announced its first round of published guidance to provide information to employees and employers about how each will be able to take advantage of the protections and relief offered by the FFCRA when it takes effect on April 1, 2020.

Register Her


March 24

FFCRA changes being implemented to your AllPay Account

Coming changes related to HR 6201 - Families First Coronavirus Response Act (FFCRA)

In order to ensure proper reporting of the employer tax credits available under the FFCRA Emergency FMLA and Paid Sick Leave benefits, Alliance will be globally setting up the codes listed below in each company.  Please also note: it is generally interpreted that any FFCRA FMLA or Paid Sick Leave usage in advance of April 1st may not be eligible for the employer tax credits.

  • CVESL - CV Employee Sick Leave
  • CVFSL - CV Family Sick Leave
  • CVPFMLA - CV Paid FMLA
  • CVUFMLA - CV Unpaid FMLA (memo hours only)

These earning codes will be available to you on April 1st. These codes must be used to track FFCRA hours and payment of FFCRA wages through December 31, 2020.

The general interpretation of these FFCRA wages is that they constitute “Regular” Pay. As such, the resulting wages and hours should be included in the following calculations:

  • Employee Retirement Plan deductions and Employer matches/contributions
  • PTO (sick, vacation, etc.) accruals for hourly employees. This includes all state mandated sick accruals.
  • Any Other code groups that include regular pay, for example: custom reports, custom calculations, etc.

Alliance will include the wages and hours for these earning codes in your Retirement, PTO Accruals, and Other code group calculations. If, you do NOT want this to be included in your calculations, please email us at covid19@alliancepayroll.com .


FFCRA Summary Information

Alliance Payroll Services has published an FFCRA Overview Document and an extensive Employer FAQ for review. These documents will be updated as more information becomes available:

NOTE: Our interpretation is that any FFCRA FMLA or Paid Sick usage in advance of April 1st may not be eligible for the employer tax credit


March 23

Covid-19 HR Guidance & Best Practices Webinar

Employers are facing unprecedented challenges navigating COVID-19. Kara Govro, Senior Legal Editor, will address the most common HR questions relating to COVID-19 and share resources and best practices on topics including work-from-home policies, FMLA, and PTO.

Access a recording of this session here: Recoding of March 23rd webinar


March 19

Families First Coronavirus Response Act signed into Law

The Families First Coronavirus Response Act (FFCRA) was signed into law on March 18, 2020.  This is the second in what is expected to be a series of bills that aim to stimulate economic growth and ensure proper medical treatment and nutrition for those affected by COVID-19.

In the coming days and weeks, federal regulatory agencies, including the Department of Labor (DOL) and Health and Human Services (HHS), will provide guidance on how to execute or implement the new requirements. In the meantime, employers and advisors must rely on a good faith interpretation of the act’s text. 


Let us answer your questions

If you have specific questions relating to your business please email covid19@alliancepayroll.com or submit your question below.


CARES Act

The CARES Act was signed into law on March 27, 2020. This bill intends to provide emergency assistance and health care response for individuals, families, and businesses affected by the 2020 coronavirus pandemic. Use the buttons below to jump to CARES Act details for employers.

Paycheck Protection Program 

CARES Act: Paycheck Protection Program (PPP) SBA Loans

CARES provides small business relief specifically for employers with 500 or fewer employees, including nonprofits, in a few different forms:

  • Forgiveness of up to 6 months of payments on any existing Small Business Administration non-disaster loans
  • The loan forgiveness would be for an amount equal to the costs incurred between February 15, 2020, and June 30, 2020, due to payroll, rent and utility payments, and mortgage interest payments
  • Institution of a Paycheck Protection Loan Program (PPP Loan) to help employers cover payroll costs, including salaries, healthcare premiums, paid leave benefits, and state taxes on employee wages.
  • The loans implemented under the CARES Act will be forgiven so long as businesses pledge not to lay off their workers.
  • These loans are being offered to qualified business through the U.S. Small Business Administration (SBA). These are low-interest loans with terms potentially as long as 30 years.
  • When applying, be prepared to provide the following information:
  • Tax Information Authorization (IRS Form 4506T), completed and signed by each principal or owner
  • Recent federal income tax returns
  • Personal Financial Statement (SBA Form 413)
  • Schedule of Liabilities listing all fixed debts (SBA Form 2202)
  • Companies may also need to provide profit and loss statements, recent tax returns and balance sheets
  • After the application, the SBA will review credit information before conducting its own inspection to verify losses.
  • The SBA says its goal is to arrive at a decision on any disaster loans within two to three weeks.

Alliance Payroll reporting to assist in preparing your SBA loan.

We know many of you are planning to immediately apply for a Small Business Administration (SBA) loan under the Paycheck Protection Program (PPP) of the CARES Act. Part of the required loan documentation will be payroll reports that are readily available in your AllPay software from Alliance Payroll. For your convenience, you will find the following custom Covid-19 reports consolidated in a new AllPay report group called Covid-19 under your reports tab:

  • Covid19 Payroll Totals Report
    Small businesses will need to provide their loan officer with their previous 12 month payroll costs. This report will summarize ALL labor costs over the 12 month period that the report is run.
  • Covid19 Payroll Details Report
    This is the same report as the Payroll Totals Report, except it gives individual employee wage details.
  • Covid19 Full Time Equivalent Report
    This report will provide you the number of full time equivalent employees for the chosen date range.
  • Covid19 Excess Compensation Report
    This report will list any employees whose gross compensation is in excess of $100,000 for the chosen date range. Please note the first $100,000 of gross compensation is allowed, only the excess is excluded. NOTICE: This section of the CARES Act is still awaiting further guidance from the IRS and the SBA.
  • Covid19 Sick Leave Exclusions Report
    This report will list qualified sick or FMLA wages – for the chosen date range - paid under the FFCRA which resulted in a credit to your federal tax deposit. This report will probably not be needed by your loan officer until the forgiveness portion of your loan is reviewed in several months.

All of the above reports should be run with the same date range requested by your loan officer.

  • Quarterly Tax Returns
    Your loan officer will require you to provide your quarterly employment tax returns that cover the previous 12 month wage period from the loan origination. These returns are available in your Tax Documents tab under the Company icon.

We strongly encourage you to discuss your loan application and applicable payroll reports with your CPA, financial advisor, or legal counsel.


CARES Act: Employee Retention Credit (ERC)

The CARES Act provides an Employee Retention Credit (ERC) based on the economic hardship COVID19 placed on a business.

  • For wages paid after March 12, 2020, and before January 1, 2021, eligible employers and nonprofits would be allowed a new refundable payroll tax credit equal to 50 percent of the qualified wages paid
  • The total eligible wages per employee are $10,000, resulting in a maximum credit of $5,000 per employee
  • To qualify for the credit, an employer must meet all of the following criteria:
  • The employer must have carried on a trade or business during calendar-year 2020
  • The operation of that trade or business is either:
  • Fully or partially suspended due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19
  • Or, receiving gross receipts, for at least one calendar quarter, that are less than 50 percent of the gross receipts received during the same calendar quarter(s) in the prior year (this period of significant decline in gross receipts is recognized until the gross receipts for a calendar quarter are greater than 80 percent of gross receipts for the same calendar quarter in the prior year)
  • The number of employees will further determine an employer’s eligibility to qualify for the credit:
  • For employers with more than 100 full-time employees during 2019, the credit only applies to qualified wages paid to employees when they are not providing services due to a governmental order related to COVID-19.
  • For employers with 100 or fewer full-time employees, the credit applies to all employee wages.
  • There are stipulations to prevent employers from “double dipping” and counting wages towards multiple credits.
  • This is relative to the calculation of other credits, such as the Work Opportunity Tax Credit (WOTC) and the employer credit for Paid Family and Medical Leave.
  • Also, it is specified that employers receiving PPP loans under CARES are not eligible for the employee retention credit

CARES Act: Social Security Deferment

The CARES Act will allow employers to defer paying their share of the social security portion of payroll taxes from March 27, 2020, through December 31, 2020. This provision allows for 50 percent of those taxes to be instead deposited by December 31, 2021, and the remainder deposited by December 31, 2022.

  • All employers may defer the deposit and payment of the employer's share of social security tax, however;
  • Employers who have received a PPP loan, but whose loan has not yet been forgiven, may defer deposit and payment of the employer's share of social security tax that otherwise would be required to be made beginning on March 27, 2020, through the date the lender issues a decision to forgive the loan.
  • Once an employer receives a decision from its lender that its PPP loan is forgiven, the employer is no longer eligible to defer deposit and payment of the employer's share of social security tax due after that date.
  • An employer is entitled to defer deposit and payment of the employer's share of social security tax prior to determining whether the employer is entitled to the paid leave credits under FFCRA or the employee retention credit, and prior to determining the amount of employment tax deposits that it may retain in anticipation of these credits, the amount of any advance payments of these credits, or the amount of any refunds with respect to these credits.
  • Health care providers will receive $100 billion in grants to help fight the coronavirus and make up for revenue lost by delaying elective surgeries and other procedures.

The Families First Coronavirus Response Act (FFCRA) was signed into law on March 18, 2020. Among other things, this bill provides new employee leave benefits, including paid leave options, for employees who work for employers with fewer than 500 employees.

Alliance Client Training Webinar

(Posted March 31, 2020)

FFCRA Training Resources

 

FFCRA Effective date moved to April 1st, 2020

(Posted March 25, 2020)

FFCRA - Employee Notice Poster

(Posted March 25, 2020)

Each covered employer must post a notice of the Families First Coronavirus Response Act (FFCRA) requirements in a conspicuous place on its premises. An employer may satisfy this requirement by emailing or direct mailing this notice to employees, or posting this notice on an employee information internal or external website.

FFCRA Summary Information

(Posted March 24, 2020)

Alliance Payroll Services has published an FFCRA Overview Document and an extensive Employer FAQ for review. These documents will be updated as more information becomes available:

NOTE: Our interpretation is that any FFCRA FMLA or Paid Sick usage in advance of April 1st may not be eligible for the employer tax credit

FFCRA - Employee Request Form

(Posted April 6, 2020)

Our HR team has put together an employee Emergency Paid Sick Leave and Expanded FMLA Request for you to provide to employees.

Federal Resources - Updated April 6

CDC Materials

In response to the COVID-19 outbreak, the U.S. Centers for Disease Control and Prevention (CDC) has issued:

 The CDC has also created the following posters for download:

Keep up to date on CDC guidance for specific industries, latest updates, and resources on the Coronavirus Disease 2019 (COVID-19) main page.

DOL Materials (Updated April 6, 2020)

The U.S. Department of Labor (DOL) has created a resource page for workers and employers. The DOL’s Wage and Hour Division provides these posters and guidance:

EEOC Materials

The U.S. Equal Employment Opportunity Commission (EEOC) has created a landing page entitled What You Should Know About the ADA, the Rehabilitation Act, and COVID-19, which provides links to resources and guidance.

HHS Materials

In response to COVID-19, the Office of Civil Rights for the U.S. Department of Health and Human Services (HHS) issued a bulletin regarding HIPAA Privacy and COVID-19.

IRS Materials

In response to the COVID-19 outbreak, the Internal Revenue Service (IRS) has issued the following:

 

JAN Materials

The Job Accommodation Network (JAN) Accommodation and Compliance: Coronavirus Disease 2019 (COVID-19) webpage links to resources for employers regarding the Americans with Disabilities Act (ADA) and coronavirus.

 NGA Materials

The National Governors Association (NGA) Coronavirus: What You Need to Know web page tracks state initiatives and provides other data.

OSHA Materials

The U.S. Occupational Safety and Health Administration (OSHA) has created a COVID-19 website for workers and employers that addresses the disease and provides guidance and other resources for preventing exposure to and infection with the virus.

OSHA has also issued the publication Guidance on Preparing Workplaces for COVID-19.

Topics covered include:

OSHA has also issued the publication Guidance on Preparing Workplaces for COVID-19.

Small Business Administration Materials

The U.S. Small Business Administration has issued guidance entitled SBA Disaster Assistance in Response to the Coronavirus, explaining how the SBA is offering designated states and territories low-interest federal disaster loans for working capital to small businesses suffering substantial economic injury as a result of the coronavirus (COVID-19). Also see Coronavirus (COVID-19): Small Business Guidance & Loan Resources.

State Resources - Updated April 6

We are adding state resources daily. Check this section often for links to new or updated resources.

Alabama

Department of Labor

 

Arkansas

Department of Health

Arizona

Department of Health Services

 

California

Cal/OSHA

Guidance for Employers

Educational Materials and Fact Sheets

 

Model Written Plans and Programs

 

Department of Industrial Relations (DIR)

Coronavirus Disease (COVID-19) – FAQs : Employee leave options, compensation, and salary.

 

Department of Public Health (DPH)

 

Employment Development Department (EDD)

Labor and Workforce Development Agency

 

San Francisco

Office of Labor Standards Enforcement

 

Office of Economic and Workforce Development

 

Colorado

Department of Labor and Employment

 

Connecticut

Department of Labor

 

State Government

 

Delaware

Department of Labor

 

Division of Public Health

 

District of Columbia

Mayor’s Office

Florida

Department of Economic Opportunity

 

Georgia

Department of Labor

Department of Public Health

Hawaii

Department of Health

 

Department of Labor and Industrial Relations

 

Idaho

State Government

 

Iowa

Workforce Development

 

Department of Revenue

Illinois

Department of Employment Security

 

Illinois Department of Public Health

 

Indiana

Department of Labor

 

Kansas

Department of Health and Environment

 

Department of Labor

Louisiana

Workforce Commission

 

Maine

Department of Labor

 

Maryland

Department of Labor

State Government

Massachusetts

Department of Public Health

Labor and Workforce Development

Office of Attorney General

Michigan

Department of Health and Human Services

 

Minnesota

Department of Health

 

Department of Labor and Industry

Minnesota Unemployment Insurance

 

Mississippi

Department of Employment Security

 

Missouri

Department of Labor & Industrial Relations

Nevada

Department of Health and Human Services

 

New Hampshire

Department of Business and Economic Affairs

 

Department of Health and Human Services

 

Governor’s Office

New Jersey

Department of Labor & Workforce Development

State Government

New York

New York State

New York State Department of Health

 

Department of Labor

Office of the Attorney General

 

North Carolina

Department of Health and Human Services

Department of Commerce and Employment Security

 

Ohio

Department of Health

Office of Unemployment Insurance Operations

 

Oregon

Employment Department

 

Governor’s Office

 

Oregon OSHA

Secretary of State

 

Pennsylvania

Department of Labor and Industry

 

Rhode Island

Department of Labor and Training

 

South Carolina

Department of Employment and Workforce

 

Department of Health and Environmental Control

Tennessee

Department of Labor & Workforce Development

 

Texas

Workforce Commission

 

Utah

Workforce Services

 

Virginia

Employment Commission

Washington

Department of Health


Employment Security Department (ESD)

 

Office of the Governor

 

Wisconsin

Department of Workforce Development