Category Archives: Business Solutions

On-Demand Webinar: Novel Issues Relating to Employees Working Remotely

As more employees work from home, employers are facing questions about how to comply with employment laws in a manner that minimizes risks associated with remote work. Our Business Solutions team recently presented a webinar addressing many of the employment-related issues arising from remote work. The head of our Labor & Employment practice, Jennifer Fowler-Hermes and L&E attorney John Getty were joined by Brad Hall, a workers’ compensation defense attorney, to discuss a variety of topics, including how to properly track work hours, complying with employment laws, the importance of telework agreements, and whether and to what extent workers’ compensation laws apply. Watch it on-demand below.

 

PPP Flexibility Act Expected to Be Signed into Law

On Wednesday, June 3, 2020, the U.S. Senate passed the Paycheck Protection Program Flexibility Act of 2020 (H.R. 7010), which was approved by the House late last week. President Trump is expected to sign the Act into law. As a part of the larger Coronavirus Aid, Relief, and Economic Security (“CARES”) Act, the Paycheck Protection Program (“PPP”) provides loans to small-to-mid-sized businesses suffering from the COVID-19 pandemic. As enacted, the PPP loans are to be forgivable when used for specific business and payroll expenses during a specified timeframe. Any forgiven loan amounts are excluded from businesses’ taxable income. However, due to insufficient funding and lengthier pandemic-related shutdowns, the PPP relief became inaccessible for many businesses.

The changes made to the PPP by the new legislation include:

  • Allowing businesses 24 weeks (or until December 31, 2020, if it comes first) post-loan origination to use loan money that will qualify for forgiveness. This applies to both new and existing loans.
  • Reducing the amount of loan money required to be spent on payroll expenses from 75 percent to 60 percent, allowing more funds to be spent on rent, utility payments, and mortgage interest.
  • Extending the time period for the rehiring exception to forgiveness reduction from June 30, 2020 to December 31, 2020 and adding new exceptions for employers who could not find qualified employees or were unable to restore business operations to February 15, 2020 levels due to COVID-19-related operating restrictions.
  • Extending the loan terms from two to five years, unless otherwise modified by lenders and borrowers.
  • Permitting payroll tax deferment for businesses that receive PPP loans regardless of loan forgiveness. Under the CARES Act and subsequent interpretive guidance, payroll tax deferral could only be utilized up until a business received notification of loan forgiveness.
  • Replacing the six-month deferral of PPP payments due with deferral until the date on which the amount of loan forgiveness is provided to the lender.

The legislation does not clarify the parameters of the required PPP certification that “[c]urrent economic uncertainty makes [a] loan request necessary to support the ongoing operations of the Applicant.” It also does not address the deductibility of expenses paid for by PPP loan funds, as previously discussed in a prior post. Further PPP corrections and guidance are expected.

Join Us for a Webinar on Business Basics

Every day is a new reality, especially in times of crisis, when the only constant seems to be change itself.

Whether dealing with challenges faced from COVID-19 or using the current time to plan new ventures, it is important to plan and implement strategies in line with today’s fluid business environment. Whether starting a new business or confirming that your existing business is on track, knowing the basics can help maximize your success.

Join Williams Parker attorneys Jennifer Fowler-Hermes and Elizabeth Stamoulis, accompanied by Kathy Hargreaves, CPA, CFP®, CPC®, of Kerkering and Barberio, for a virtual and interactive presentation covering:

• Basic business and employment documents
• Protecting intellectual property
• Properly classifying workers to avoid missteps
• Tax implications and proper tax registration

BUSINESS BASIC: GETTING IT RIGHT FROM THE START (OR IN THE MIDDLE)

Friday, June 12
10:00 – 11:00 a.m.

Sign Up >

Our Business Solutions team helps business owners and entities assess and manage risk, advise on tax and compliance issues, provide workout and turnaround guidance, and offer creditor, restructuring, and bankruptcy representation. We work with HR executives to assess potential employment liability; review, update, and advise on employment policies; defend employment law claims; and assist with regulatory guidelines. For those seeing opportunity amidst uncertainty, the firm offers start-up guidance on tax, employment, and intellectual property issues. Its attorneys assist commercial and residential landlords and tenants with abatements, deferments, amendments, forbearance, and help identify remedies, including business interruption insurance and updated lease provisions. Should litigation arise, the team is prepared to advocate on your behalf.