Important: The status of the COVID-19 crisis constantly changes. The information in this resource is updated frequently.
 Actions

Difference between revisions of "Federal Action Including the Coronavirus Aid, Relief, and Economic Security Act"

From Navigating COVID-19

Line 12: Line 12:
  
  
The Federal Government has been acting swiftly since the crisis began and there has been much legislation passed in haste. Not all of the actions taken fall within the scope of this Guide; many do pertain to employers in California during this crisis but are primarily about financial matters. As such we advise all businesses to become personally aware of all available Federal remedies and to stay abreast of changes that pertain to them on a daily basis. Each employer also must have accountant and financial advisers to walk them through the details of the law and guide their actions during a chaotic and uncertain time. In this and the next three sections we do provide the fundamentals of some of the most significant Federal legislation.
+
The federal government has been acting swiftly since the health crisis began, and a lot of legislation has been passed in haste. Not all of it falls within the scope of this guide, and much of it pertaining to employers in California primarily is about financial matters. We advise businesses to become familiar with all available federal remedies and to review them daily. Every employer should have accountants and financial advisers to walk them through the details of the law and guide them during a chaotic and uncertain time. This section and the next three introduce readers to some of the most significant federal legislation.
  
  
 
==EMPLOYER RETENTION CREDIT==
 
==EMPLOYER RETENTION CREDIT==
  
Employers whose operations are fully or partially suspended during the COVID-19 pandemic or whose quarterly receipts dropped by more than 50% as compared to the same quarter in the prior year, may receive a refundable payroll tax credit for 50% of wages (up to $10,000 per employee) paid during each calendar quarter during the COVID-19 pandemic.
+
Employers whose operations are fully or partially suspended during the COVID-19 pandemic, or whose quarterly receipts dropped by more than 50% compared with the same quarter in the previous year, may receive a refundable payroll tax credit for 50% of wages (up to $10,000 per employee) paid during each calendar quarter during the COVID-19 pandemic.
  
  
 
==FUNDING FOR PROGRAMS==
 
==FUNDING FOR PROGRAMS==
  
States that have or will implement certain workshare programs for employees, are eligible to receive additional funding. Under workshare programs, employers reduce the average hours of current employees, across the board, rather than conducting layoffs or furloughs. These employees then receive pro-rated unemployment benefits known as Short Term Compensation Benefits (STC). The federal government will reimburse states 100% of the STC paid under a state’s existing workshare program, through December 31, 2020.
+
States, like California, that have or will implement certain work sharing programs for employees are eligible to receive additional funding. Under such programs, employers reduce the average hours of current employees across the board rather than impose layoffs or furloughs. The employees receive prorated unemployment benefits known as Short-Time Compensation (STC) benefits. The federal government will reimburse participating states 100% of the STC paid under a state’s existing work sharing program, through Dec. 31, 2020.
  
California has a workshare program and it can be accessed at https://www.edd.ca.gov/unemployment/Work_Sharing_Program.htm.
+
Review California's work sharing program at https://www.edd.ca.gov/unemployment/Work_Sharing_Program.htm.
  
  
 
==THE CARES ACT==
 
==THE CARES ACT==
  
The Coronavirus Aid, Relief, and Economic Security (CARES) Act is primarily intended to provide benefits and relief for small business owners (under 500 employees) and employees eligible for unemployment insurance benefits. The main provisions of the CARES Act and associated Federal legislation are presented in the next sections of this Guide.
+
The Coronavirus Aid, Relief, and Economic Security (CARES) Act primarily is intended to provide benefits and relief for small business owners (fewer than 500 employees) and employees eligible for unemployment insurance benefits. The three main provisions of the CARES Act and associated federal legislation are discussed in the next sections of this guide. They are:
 +
<ul>
  
1. The first is a Federal supplement to the each state's Unemployment Insurance benefits system (UI). Its main provision is to provide and extra $600 per week for all employees that are receiving any amount of UI.
+
<li>federal supplement to each state's unemployment insurance benefits system (UI) to provide an extra $600 per week to all employees receiving any UI;</li>
  
2. The second is the Payroll Protection Program. It provides for a loan to small businesses of 250% of their monthly payroll, up to ten million dollars. This loan is fully forgivable if the funding is spent in the two months following funding on payroll and rent. Otherwise it has a six month grace period, and is repayable over ten years at no more than a 4% interest rate.
+
<li>Paycheck Protection Program (PPP) to provide loans to small businesses of 250% of their monthly payroll, up to $10 million (fully forgivable if the funding is spent on payroll and rent in the two months following funding; otherwise there's a six-month grace period, and the loan is repayable over 10 years at maximum 4% interest); and</li>
 +
<li>small business emergency loans and grants for as much as $2 million to be used only where the coronavirus has a demonstrated negative effect on the business. It has been overshadowed by the PPP, as the loans/grants cannot be in addition to one another.</li></ul>
  
3. The third is emergency loans and grants. These are available up to two million dollars to small business, to be used only where the corona virus has a demonstrated negative effect on the business. It has been overshadowed by the PPP, since the loans/grants cannot be in addition to one another.
+
These provisions have greatly taxed the resources of the SBA, banks and the state's Employment Development Department. Funding limit pressure is intense and access is difficult. The conception and administration of these measures has been contentious.  
  
All three areas have greatly taxed the resources of the SBA, banks everywhere and local EDD offices all over the state. There have been limits on funding which have caused high pressures for access. There have been contentions and issues in conception and administration of all of them.
+
For a full text of the CARES Act see https://www.congress.gov/116/bills/hr748/BILLS-116hr748enr.pdf (PDF).
 
 
For a full text of the Act see https://www.congress.gov/116/bills/hr748/BILLS-116hr748enr.pdf (PDF).
 
  
 
For additional guidance see https://home.treasury.gov/policy-issues/cares.
 
For additional guidance see https://home.treasury.gov/policy-issues/cares.

Revision as of 17:46, 24 April 2020

< Previous Table of Contents Next >



The federal government has been acting swiftly since the health crisis began, and a lot of legislation has been passed in haste. Not all of it falls within the scope of this guide, and much of it pertaining to employers in California primarily is about financial matters. We advise businesses to become familiar with all available federal remedies and to review them daily. Every employer should have accountants and financial advisers to walk them through the details of the law and guide them during a chaotic and uncertain time. This section and the next three introduce readers to some of the most significant federal legislation.


EMPLOYER RETENTION CREDIT

Employers whose operations are fully or partially suspended during the COVID-19 pandemic, or whose quarterly receipts dropped by more than 50% compared with the same quarter in the previous year, may receive a refundable payroll tax credit for 50% of wages (up to $10,000 per employee) paid during each calendar quarter during the COVID-19 pandemic.


FUNDING FOR PROGRAMS

States, like California, that have or will implement certain work sharing programs for employees are eligible to receive additional funding. Under such programs, employers reduce the average hours of current employees across the board rather than impose layoffs or furloughs. The employees receive prorated unemployment benefits known as Short-Time Compensation (STC) benefits. The federal government will reimburse participating states 100% of the STC paid under a state’s existing work sharing program, through Dec. 31, 2020.

Review California's work sharing program at https://www.edd.ca.gov/unemployment/Work_Sharing_Program.htm.


THE CARES ACT

The Coronavirus Aid, Relief, and Economic Security (CARES) Act primarily is intended to provide benefits and relief for small business owners (fewer than 500 employees) and employees eligible for unemployment insurance benefits. The three main provisions of the CARES Act and associated federal legislation are discussed in the next sections of this guide. They are:

  • federal supplement to each state's unemployment insurance benefits system (UI) to provide an extra $600 per week to all employees receiving any UI;
  • Paycheck Protection Program (PPP) to provide loans to small businesses of 250% of their monthly payroll, up to $10 million (fully forgivable if the funding is spent on payroll and rent in the two months following funding; otherwise there's a six-month grace period, and the loan is repayable over 10 years at maximum 4% interest); and
  • small business emergency loans and grants for as much as $2 million to be used only where the coronavirus has a demonstrated negative effect on the business. It has been overshadowed by the PPP, as the loans/grants cannot be in addition to one another.

These provisions have greatly taxed the resources of the SBA, banks and the state's Employment Development Department. Funding limit pressure is intense and access is difficult. The conception and administration of these measures has been contentious.

For a full text of the CARES Act see https://www.congress.gov/116/bills/hr748/BILLS-116hr748enr.pdf (PDF).

For additional guidance see https://home.treasury.gov/policy-issues/cares.


SEE ALSO



< FAQs: Disability and Reasonable Accommodations Table of Contents Enhanced Unemployment >

Learn more about our services:

SullivanAttorneys.com

Workers’ Comp, Simplified.

Sullivan On Comp