Recently enacted Federal legislation, the CARES Act and the Families First Coronavirus Response Act (FFCRA), provide a number of benefits for unions, not-for-profit corporations, employee benefit plans, professional corporations and associations, and other employers. If you have questions or want to talk to an attorney about the rights of your non-profit or small business during this pandemic, please contact paralegal Terri Norath at [email protected] or call her at 314-356-9721. Ms. Norath will ask you for a few details and then have one of our attorneys contact you.
- PAYCHECK PROTECTION PROGRAM: Our attorneys may be able to assist a small business or 501(c)(3) non-profit in applying for these loans which are designed to help avoid layoffs during the Covid-19 crisis. Part or all of the loan amount may be forgiven. It can be a "win-win" for both employers and employees.
- EMERGENCY ECONOMIC INJURY GRANTS AND LOANS: Unions, trust funds and other 501(c)(3) non-profits are not eligible for the Paycheck Protection Program, but they are eligible for this program that provides loans with low interest rates and deferred payments under certain circumstances and a $10,000 grant.
- EMPLOYEE RETENTION CREDIT ON EMPLOYMENT TAXES FOR EMPLOYERS SUBJECT TO THE GOVERNMENT CLOSURE ORDERS: This tax credit may be available to unions, trust funds, apprenticeship schools, and other businesses that, due to COVID-19-related government orders, (1) experience a significant downturn in revenue (defined as 50% drop in revenue in a quarter compared to comparable 2019 quarter) or (2) partially or fully suspend their operations.
- CHARITABLE DEDUCTION LIBERALIZATION: CARES Act §§ 2204 and 2205 make some significant liberalizations to the rules governing charitable deductions, including: Section 2205 also allows corporations to deduct more of their charitable cash contributions for 2020 (only); and Section 2205 raises the limit on the amount of the allowed deduction for donations of food inventory to a charitable organization from 15% to 25% of a corporation's taxable income for 2020 (only).
- FFCRA TAX CREDITS FOR EMERGENCY SICK LEAVE AND EMERGENCY FAMILY MEDICAL LEAVE ACT PAYMENTS: Under FFCRA, employers are required to pay employees additional emergency sick leave and some expanded Family Medical Leave Act (FMLA) leave under defined circumstances. Employers are permitted to take payroll tax credits to offset the cost of these payments.
- RETALIATION OR DISCRIMINATION: Federal and State laws may also be implicated during this crisis if an employer retaliates against or fails to accommodate employees with COVID-19 or its symptoms or who take COVID-19 related leave. A COVID-19 diagnosis, symptoms of it and an individual vulnerability to it may raise issues of disability or age discrimination, reasonable accommodations, and confidentiality of personal health information.
- WORKPLACE SAFETY CONCERNS AND CONFIDENTIALITY OF MEDICAL INFORMATION: In these COVID-19 times, small businesses and not for profits might find themselves with unprecedented conflicting obligations under laws intended to protect employees' safety and others intended to protect confidentiality of medical information, such as, OSHA, the Americans With Disabilities Act (ADA) and HIPPA.
This is a developing and changing area of the law which our firm is monitoring for the most up-to-date government regulations and guidance regarding its interpretation and application.
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