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  • The COVID-19 pandemic has caused employers to adjust day-to-day operations time and time again. That trend continues after President Joe Biden announced a vaccination mandate on Sept. 9, 2021.

    Biden’s executive order is designed to address the ongoing pandemic through new policies that are designed to slow the spread of COVID-19 and the Delta variant. Many of these policies will directly impact employers of all sizes and require them to prepare accordingly now that the Occupational Safety and Health Administration (OSHA) issued an emergency temporary standard (ETS) November 4th, 2021.

    So what does the vaccine mandate mean for businesses across the country? Let’s break down what employers need to know about the new vaccine mandate and how it impacts their day-to-day operations.

    What Employers Are Covered By The New Vaccine Mandate?

    The vaccine mandate does not apply to every employee in the United States. Instead, there are three main groups that are impacted by the mandate:

    • All federal staff and employees of government contractors and subcontractors.
    • Medicare and Medicaid workers and any other care providers that receive Medicare or Medicaid reimbursement.
    • Private-sector employers with more than 100 employees.

    For the majority of business owners, the last group is the relevant of the three and covers approximately 84 million employees. The executive order mandates that any on-site employees of businesses with more than 100 employees must meet one of two obligations:

    • Provide proof of vaccination.
    • Undergo weekly tests for COVID-19 if unvaccinated.

    When Does The Vaccine Mandate Go Into Effect?

    The ETS sets a specific timeline for the businesses covered by the mandate. Any private-sector employer with more than 100 employees must choose between full vaccination or weekly testing by December 5th, 2021, which is 30 days following the ETS’ publication in the Federal Register.

    These businesses must then implement that rule by January 4th, 2022, which means that employees must receive the necessary shots to be fully vaccinated by that date. Any unvaccinated will be required to provide verified negative tests for their employer at least once a week. In addition, employers have a responsibility to ensure that unvaccinated employees wear a face mask while on site.

    How Does The Vaccine Mandate Impact Employers With Fewer Than 100 Employees?

    As it stands, the mandate does not apply to any businesses with fewer than 100 employees. These organizations can still opt to require vaccinations or forego any type of mandate. OSHA also announced that it will use a company’s total headcount for the mandate. As such, the number of employees at different worksites will be added together to see whether an organization meets the 100-employee threshold.

    How Does The Mandate Impact Part-Time, Remote, Or Other Types Of Employees?

    The vaccine mandate applies to any employees who work in the office, facility, or any other type of jobsite where they could interact with co-workers. That distinction means that any employees who are completely remote wouldn’t be subject to the vaccine mandate. Employers do have the option to extend the vaccination requirement to remote employees as well if they so choose.

    While the mandate impacts the vaccination or testing status of on-site employees, employers should still individually count every worker toward the threshold. That means that organizations should include the following people toward their total base of employees:

    • Remote employees
    • Full-time employees
    • Part-time employees
    • Temporary workers

    The mandate does provide a couple of exemptions that do not count toward the threshold. As it stands, any independent contractors and “leased” employees are not counted toward the mandate.

    How Should Employers Handle Employees With Medical, Religious, And Other Exemptions?

    Simply put, navigating vaccination exemptions and accommodations isn’t always an easy task. However, there are some steps that employers should take to handle employees that require vaccine exemption.

    To start, employers can ask for objective documentation that supports any medical or disability exemptions. Handling religious exemptions is a more complicated process. According to the Equal Employment Opportunity Commission (EEOC), employers should assume that any requests for religious accommodation are based on sincere religious beliefs.

    The caveat to that assumption is that employers may request additional information from an employee if they have any objective evidence that questions or disproves the sincerity of any beliefs. Employers may also ask for more detail if an employee’s basis for exemption is simply that their religion doesn’t permit vaccination.

    Do Employers Need To Pay For COVID-19 Testing?

    In general, the ETS does not require employers to provide or pay for tests. An exception to this standard is whether the employer in question is subject to any other applicable laws or collective bargaining agreements. However, employers must provide paid-time for employees to get vaccinated. Employees should also be granted sick leave if they need to recover from any side effects that prevent them from working.

    How Should Employers Record Vaccination Information and Handle Employee Vaccination Status?

    There are a variety of ways that employers can capture and verify vaccine status. These can include a letter from a healthcare provider, copies of vaccine cards, and other forms of proof.

    It’s essential that employers be discreet about any employee vaccination information. Vaccination status is confidential medical information and should not be shared with any co-workers, supervisors, or other individuals who don’t need to know. As such, it’s best practice to securely store vaccination records separate from other employee information and limit access to only those on a need-to-know basis.

    What Steps Can Employers Take To Prepare For Vaccine Mandates?

    While the vaccine mandate only applies to private businesses with more than 100 employees, organizations of all sizes can prepare their businesses for the new requirements. This preparation will help employers be ready for the mandate, whether they must follow the vaccine mandate or choose to enforce it.

    • Survey employees for vaccination status – Identify which employees are vaccinated, which ones will require testing, and which will require other accommodations and planning.
    • Research testing options – Plan ahead to determine the best testing approach for your business, which can include considerations for onsite or nearby testing locations and which tests comply with the ETS.
    • Create a written policy – Document your employees’ requirements to follow the vaccine mandate, including procedural requirements, employees’ options, and the consequences for noncompliance.
    • Communicate with employees – Share information about the vaccine mandate and your business’ compliance plan as early as possible. Early action will not only help build trust with employees, but also provide both parties with time to respond to employee feedback and plan for any employees who choose to depart due to the mandate.

    Another step that businesses can take is to not face the vaccine mandate and other legislation alone. GMS partners with businesses to take on time-consuming administrative burdens and guide them through difficult decisions, including how to handle the White House’s vaccine mandate.

    Ready to navigate through increased compliance requirements and other critical decisions that will affect the future of your business? Contact GMS now to talk with our experts about how we can make your business simpler, safer, and stronger.

  • With small businesses still feeling the impact of COVID-19, the New Jersey Economic Development Authority (NJEDA) is attempting to help employers ease their financial burden. Applications for the NJEDA Small Business Emergency Assistance Grant Program may be closed, but the organization still has several other initiatives available for Garden State employers. Here’s a breakdown of some various programs and loans that will be available as of May 18, 2020 or in the near future.

    Small Business fund money for organizations in New Jersey. 

    Direct Loans

    If conventional financing is unavailable, NJEDA may provide loans up to $2 million for fixed assets and $750,000 for working capital. To qualify, a business must commit to create or retain one full-time job for every $65,000 of NJEDA exposure within a two-year period.

    Learn more about NJEDA’s direct loans.

    Micro Business Loan Program

    NJEDA’s Micro Business Loan Program allows for-profit businesses in New Jersey to access up to $50,000 for working capital or to purchase equipment. These loans are available to businesses with annual revenues of less than $1,500,000 in the most current fiscal year and have 10 or fewer full-time employees.

    Learn more about the Micro Business Loan Program.

    Small Business Fund

    If you’re struggling to get bank financing, NJEDA’s Small Business Fund offers some financial resources for creditworthy small, minority-owned, or women-owned businesses. The fund offers loans of up to $500,000 for businesses with up to $3 million in revenue. In addition, these businesses must have operated for at least one full year, while not-for-profits require at least three full years in operation.

    Learn more about the Small Business Fund.

    NJ Entrepreneur Support Program

    NJEDA’s Entrepreneur Support Program is a $5 million program aimed to help out entrepreneurial companies impacted by COVID-19 in the Garden State. The program encourages private sector investors to provide continued capital flows to companies they have provided funding to in the past. To help encourage these continued capital flows, NJEDA will guarantee up to 80 percent of the total investment amount, with a cap of $200,000 per company.

    Learn more about the NJ Entrepreneur Support Program.

    Small Business Emergency Assistance Guarantee Program

    NJEDA’s $10 million Small Business Emergency Assistance Program allows qualifying businesses to access working capital loans NJEDA’s existing Premier Lenders or Premier CDFI programs. The program provides 50 percent guarantees on these – along with waived fees – as long as the business or non-profit organization uses them to cover operating expenses while they were impacted by COVID-19. Each qualifying business or organization is eligible to receive relief up to an NJEDA exposure of $100,000.

    Learn more about the Small Business Emergency Assistance Guarantee Program.

    Emergency Technical Assistance Program

    While not a direct relief fund, NJEDA’s $150,000 Emergency Technical Assistance Program is designed to provide technical assistance to New Jersey-based companies applying for other State and U.S. Small Business Administration programs. NJEDA has partnered with four organizations to offer support through this program:

    • African American Chamber of Commerce of New Jersey (AACCNJ)
    • New Jersey State Veterans Chamber of Commerce
    • Rising Tide Capital
    • Statewide Hispanic Chamber of Commerce of New Jersey (SHCCNJ)

    As part of the program, the above organizations provide application assistance in a variety of ways, including preparing financial information, packaging application documentation, and other aid. In turn, these organizations will be based on completed and submitted SBA applications for the businesses they’ve helped.

    Learn more about the Emergency Technical Assistance Program.

    —

    Trying to navigate through these uncertain financial times? Contact GMS to talk to one of our experts about any HR, payroll, or other important questions you have today.

  • In response to the economic impact of the COVID-19 outbreak, the Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law on March 27, 2020. Among many different types of loans and incentives, the CARES Act introduced tax relief for businesses in the form of payroll tax credits, enhanced net operating loss (NOL) deductions, and payroll tax deferment. However, the payroll tax deferral section of the CARES Act raised several questions for small and medium-sized businesses, especially those that received loans from the Paycheck Protection Program (PPP).

    To help answer these questions, the IRS released guidance on April 10, 2020, regarding payroll tax deferrals. Here’s what business owners need to know when it comes to paying taxes on social security this year.

     Small business owner defers payroll taxes under CARES Act.

    What deposits and payments can employers defer?

    Section 2302 of the CARES Act enables employers to defer certain payroll taxes, specifically the employer contribution of Federal Insurance Contributions Act (FICA) taxes, otherwise referred to as the employer’s portion of social security taxes. Typically, employers are required to pay 6.2 percent of social security taxes for each employee’s covered wages on a semi-weekly or monthly basis.

    The deferral applies to deposits and payments of the employer’s share of the 6.2 percent social security tax owed for 2020. Without the CARES Act, this tax would have otherwise been required to be made during the period beginning on March 27, 2020, and ending December 31, 2020. There is no dollar cap on the total amount of an employer’s social security taxes that can be deferred.

    It’s important to note that the CARES Act does not cover other payroll taxes, such as the Medicare tax (1.45 percent) or the employee’s share of the social security tax. The CARES Act does, however, outline tax deferrals in an equivalent amount for self-employed individuals subject to the Self Employment Contributions Act (SECA) and employers and employees subject to the Railroad Retirement Tax Act (RRTA).

     

    When are deferred tax payments due?

    In order to avoid penalties, the deferred payments of the employer’s share of social security tax must be deposited by the following dates:

    • On December 31, 2021, 50 percent of the deferred amount must be paid.
    • On December 21, 2022, the remaining amount must be paid.

     

    Who is eligible to defer tax payments?

    All employers, regardless of size, may defer the deposit and payment of the employer’s share of social security tax. However, employers who received PPP loans become ineligible to continue deferring tax payments after receiving notice from the lender that the loan is forgiven. The Small Business Administration (SBA) says “the loan will be fully forgiven if the funds are used for payroll costs, interest on mortgages, rent, and utilities” if you are able to maintain your workforce.

    For payments deferred through the forgiveness date, employers may continue to defer payments until the end of 2021 and 2022 as described above without incurring penalties for failure to pay. The CARES Act also states that employers who have had a loan forgiven under the U.S. Treasury Program Management Authority are also ineligible to defer payments.

     

    Do employers need to make special elections to defer tax payments?

    No, employers do not need to make any special elections to defer deposits and payments for payroll taxes. The IRS will revise the Employer’s Quarterly Federal Tax Return (Form 941) for the second quarter (April through June 2020). The IRS says information will soon be released regarding deposits and payments otherwise due on or after March 27, 2020, for the first quarter (January through March 2020).

    Contact us if you have any HR or payroll-related questions on how to keep things running smoothly through this transition. 

  • As the Coronavirus impacts businesses everywhere, Congress passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act to provide some financial support during difficult times. The $2 trillion Coronavirus stimulus package contains a $349 billion lending program for small businesses, along with other means of relief.

    For small business owners, this news provides a form of respite in a difficult time. Of course, now these employers may ask how these loans work and whether they can access them. Read on to find out if your business can apply for a loan and how they impact your operations.

    Money from a CARES Act small business loan granted to a business impacted by the Coronavirus. 

    Is My Business Eligible for CARES Act Loans?

    As long as your business has fewer than 500 employees, it’s eligible for a loan. The stimulus package applies to businesses from all states and territories and even extends to self-employed individuals, independent contractors, and sole proprietors. The CARES Act does prioritize certain types of businesses, such as those in under-served and rural markets or businesses that are less than two years old.

    What Financial Assistance is Available for the Coronavirus?

    The CARES Act lays out a couple of different forms of financial relief for small businesses. The most notable of these is the $349 billion Paycheck Protection Program, which will provide partially forgiven loans depending on how businesses use them.

    Paycheck Protection Program Loans

    According to the CARES Act, businesses can receive a loan of 2.5 times the businesses’ monthly payroll up to $10 million. The exact amount your company can receive is based on how much you paid your employees between Jan. 1 and Feb. 29, plus 25 percent of that total amount. These loans have a fixed interest rate of one percent regardless of business type (the final rates, underwriting standards and other terms and conditions are to be determined). The Small Business Administration also notes that it will “forgive the portion of the loan proceeds that are used to cover the first eight weeks of payroll and certain other expenses following loan origination” if you are able to maintain your workforce.

    In addition, the CARES Act incentivizes employers for using loans for what it considers allowable purposes. By doing so, your Paycheck Protection Program loan can be forgiven and you’ll only need to pay back accrued interest on your loan if you use the loan for the following:

    • Payroll costs
    • Costs related to the continuation of group health care benefits during periods of paid sick, medical, or family leave, and insurance premiums
    • Employee salaries
    • Interest payments on any mortgage
    • Rent and utility payments
    • Interest payments on any other debt obligations that were incurred before Feb. 15, 2020

    Economic Injury Disaster Loans

    In addition to the $349 billion lending program, the CARES Act also allotted $10 Billion for the Small Business Administration’s (SBA) Economic Injury Disaster Loans (EIDLs). According to Forbes, the expanded provisions mean that:

    • EIDLS can be approved by the SBA based solely on your credit score (a prior bankruptcy won’t disqualify your business)
    • EIDLs smaller than $200,000 don’t need a personal guarantee for approval (real estate is also not required as collateral)
    • Borrowers can receive $10,000 in an emergency grant cash advance that can be forgiven if spent on paid leave, maintaining payroll, increased costs due to supply chain disruption, mortgage/lease payments, or repaying obligations that cannot be met due to revenue loss
    • EIDLs are now accessible for sole proprietors, independent contractors, tribal businesses, cooperatives, ESOPs with fewer than 500 employees, and all non-profits

    How Do I Apply for CARES Act Loans?

    If you’re want to apply for a Paycheck Protection Program loan, you can do so at any lending institution approved to participate by the SBA. You can apply for EIDLs online at the SBA website. 

    Contact us if you have any HR related questions on how to keep things running smoothly through these difficult times. 

  • Addressing common questions and concerns from clients and employees impacted by the coronavirus.

    Group Management Services Inc., a Certified Professional Employer Organization based in Richfield, Ohio, assures clients access to the same level of support and resources throughout the Coronavirus pandemic.  

    “Our number one priority is getting employees paid and maintaining benefits for those employees,” GMS President Mike Kahoe said. “As such, we are offering our customers grace period on all benefits, state unemployment, and workers’ comp billings.”

    GMS wants to address all concerns, starting with the list of common questions we anticipate from our clients and employees.

    GMS Operations

    Q: How will GMS employees be able to continue to work to ensure that my employees get paid during this crisis? 

    A: GMS has taken the precaution of instituting a company-wide work-from-home policy. In fact, a large percentage of our company already works from remote locations several days per week. This gives us a great deal of confidence in our ability to support you without disruption. Additionally, all GMS employees have access to all GMS systems, including phones and video conferencing, from wherever they work, and these systems are built on highly redundant platforms. 

    Technology

    Q: How is GMS protecting my data during this crisis? Aren’t allowances being made that could reduce the cyber protections in place to allow your employees to work from home?

    A: GMS has invested in cyber security improvements over the last 18 months that are effective at protecting our Clients’ data regardless of where you, or our staff, interact with it. All these safeguards remain in place, and we will maintain a high level of vigilance to ensure that your data and your employees’ payroll is secure. 

    Health Insurance

    Q: Will my GMS plan pay for the COVID-19 testing (Codes U0001 and U0002)?

    A: Yes. GMS will waive member cost share for these tests when administered by in-network providers in accordance with the CDC guidelines.

    Q: Will my GMS plan cover the treatment for COVID-19?

    A: Yes. Treatment for COVID-19 is eligible under the normal provisions of the plan when following CDC guidelines.

    Q: If I lay off part of my workforce in response to the COVID-19 crisis, can the company continue to cover those employees?

    A: Yes. As long as you continue to pay premiums, you may continue to cover laid-off employees even though they are not actively at work. Please note that you must administer the plan on a uniform, non-discriminatory basis. In other words, you may not choose to pay premiums for only certain people.

    Q: If I have to lay off my entire workforce in response to the COVID-19 crisis, can the company continue to cover those employees?

    A: Yes, as long as one person remains actively employed by the group. If you continue to pay premiums, you may continue to cover laid-off employees even though they are not actively at work. Again, this must be administered on a uniform, non-discriminatory basis.

    Q: What about continuation of coverage?

    A: As long as one person remains actively employed, employees may be offered COBRA and may elect to continue coverage under COBRA under the normal notice and election procedure.

    * If the plan has no active employees, the plan is terminated and COBRA is not an option. In that case, employees would have a special enrollment period to enroll in individual coverage or could purchase a short-term plan that is subject to medical underwriting.

    Q: If I have to terminate coverage for my employees in the middle of a month, will I receive a refund of my premium for the rest of the month?

    A: While your contract states that GMS will not refund a partial month’s premium, we will refund the proportional amount of premium should you terminate your coverage before the end of the month given the gravity of the current situation.

    Q: In light of the COVID-19 crisis, can I get a grace period extension on paying my premium?

    A: Yes. GMS is offering to extend the grace period for your next monthly premium payment by up to 60 days.

    Q: Will employees who are laid off temporarily as a result of COVID-19 concerns be permitted to rejoin the plan without a waiting period when they return to work?

    A: Yes. There will be no waiting period for current employees who are rehired by May 31, 2020. New hires are subject to any waiting period the plan requires.

    Q: Will I lose my job-based group-health coverage? 

    A: You may qualify for tax credits that can lower your monthly premiums and for lower out-of-pocket costs. Please inquire with your Benefit Account Manager if you have any questions.

    Q: Is our GMS pharmacy plan through MedTrakRx going to allow early re-fills on prescriptions if necessary?

    A: MedTrak has relaxed its refill-too-soon edits for non-opioid and non-specialty medications. These are not changes that will happen automatically and will occur at the discretion of dispensing pharmacists.

    Q: What does the Families First Coronavirus Response Act mean to covering testing for Covid-19?

    A: On March 18, 2020, President Trump signed the second coronavirus relief measure into law – the Families First Coronavirus Response Act (Act). Effective immediately, the Act requires group health plans and health insurance issuers to cover COVID-19 testing without imposing any cost sharing (such as deductibles, copayments, or coinsurance) or prior authorization or other medical management requirements. During this public health emergency, health plans and issuers must cover FDA-approved diagnostic testing products for COVID-19, including any items or services provided during a visit to a provider (in-person or telehealth), urgent care center or emergency room that relate to COVID-19 testing. This coverage cannot be subject to any plan deductible, copayment, or coinsurance. This coverage mandate does NOT require health plans and issuers to cover COVID-19 treatment at no charge. Exact coverage details for COVID-19 treatment, including any cost-sharing amounts, will vary by plan.

    Q: Will private health plans cover the cost of COVID-19 diagnostic testing that occurs prior to April 2?

    A: Yes, this section of the legislation is effective from the date of enactment, March 18, 2020, through the end of the national emergency period. The Act states that “a group health plan and a health insurance issuer offering group or individual health insurance coverage  shall provide coverage, and shall not impose any cost sharing (including deductibles, copayments, and coinsurance) requirements or prior authorization or other medical management requirements” for specific items related to testing or related health care provider visits.

    HR

    Q: What should Employers do if an employee discloses they have been in close contact with a person who tested positive or who is awaiting test results for COVID-19?

    A: According to the CDC, individuals who have had close contact with a person diagnosed with COVID-19 should self-quarantine. Employers can require an employee who has been exposed to the virus to stay home. Your HR Account Manager would be happy to help you navigate through these types of situations.

    Q: If an Employer is considering a temporary or permanent lay off what steps should be considered?  

    A: Employers should work closely with their HR Account Manager who will help guide them through this process. Items to consider include how to appropriately select employees for lay off, necessary documentation to provide to the employee, COBRA and Health Care Benefits (if applicable), and assisting with unemployment benefits.

    Q: If my state has instituted a “Stay at Home” order allowing only Essential Businesses to continue operation, what qualifies as an “Essential Business?” 

    A: In Ohio, for example, essential businesses are allowed to continue to operate, but must comply with social distancing requirements. A few examples of these are: 

    • Healthcare and public health operations
    • Human services operations
    • Essential infrastructure
    • Essential government functions
    • Stores that sell groceries and medicine
    • Food and beverage production and agriculture
    • Charitable and social services
    • Gas stations and businesses needed for transportation
    • Critical trades
    • Restaurants for off-premise consumption
    • Transportation
    • Professional services
    • Hotels
    • Home-based care

    For the full order and list, please reference the following link – Order to Stay at Home. 

    The Governor of Ohio has issued a Stay at Home Order effective March 23 at 11:59 p.m. and lasting for the next two weeks. Group Management Services is considered an Essential Business. All our services will continue as normal. We will also continue to monitor developments and recommendations from the CDC, Federal, State, and Local government. We hope you are doing well. Please let us know if there is anything we can do to help.

    Q: What are my next steps?

    A: If you are considered an essential business, we are happy to help guide you through the social distancing requirements. If you are unable to continue business because of the Stay at Home Order, we are happy to help you navigate next steps. If you have positions that have the ability to work from home, we are happy to help create a work from home policy. In the unfortunate event your business requires layoff of some or all of your workforce at this time, we can assist in documentation, communication, and next steps.   

    Q: President Trump signed the Families First Coronavirus Response Act (FFCRA) on March 18, 2020, so its provisions go into effect no later than April 2. Will the leave provisions, Emergency FMLA (EFMLA) and Emergency Paid Sick Leave (EPSL) be applied retroactively?

    A: When a law is to be applied retroactively it will typically state so in plain language, which this legislation does not. Therefore, the law will likely not be enacted retroactively. GMS will alert you of any change to this.

    Q: From now until April 2, how should we handle employees who need time away from work for COVID-19 related reasons? What documentation should we require?

    A: Until the legislation takes full effect, continue handling these situations as you have been on a case by case basis. Work with your HR Account Manager for assistance. Rely on current employment policies, including but not limited to paid time off, paid vacation, sick leave, or other leaves of absence policies. Certification for certain absences (advisement by health care provider to self-quarantine, experiencing symptoms, seeking diagnosis) may be hard to obtain due to doctors not seeing patients, providing notes, or conducting full testing. GMS has created the attached Documentation on a COVID-19 Absence that may be used to gather facts and communicate details of a potential leave of absence. This would be filed in the employee’s confidential personnel file. 

    Q: Do you have the forms necessary for employees to file for EFMLA and EPSL?

    A: No, official forms or documentation have not been released yet by the Federal government. We will provide if, and when, they become available.  

    Q: Do we have to offer EFMLA and EPSL to employees who are already or who will be laid off prior to April 2?   

    A: No, if employees are laid off, they become eligible for unemployment compensation under the Emergency Unemployment Insurance Stabilization and Access Act. This is handled separately from EFMLA and EPSL. 

    Q: If I cut an employee’s hours, can they apply for partial unemployment?

    A: Yes, an employee experiencing a reduction in hours may apply for and obtain unemployment benefits. In Ohio, if the reduction in hours is due to COVID-19, employee should provide Mass Layoff ID# 2000180. These layoffs will not affect your unemployment rate as all coronavirus layoffs will be charged to the Ohio Unemployment Mutual Fund and will not be charged to your account.

    Q: If an employee is CHOOSING to stay home out of fear of exposure, how do you recommend we handle this scenario?

    A: Evaluate the safety precautions you, as a business, have taken to protect employees and prevent the potential spread of COVID-19. If you feel that you have taken all preventative measures within reason, review your current time off policies and available time off balances with the employee, or explain the unpaid model you have been utilizing. 

    Q: How can an employer apply for and receive the small business exemption to the leave provisions of the FFCRA?

    A: Employers with fewer than 50 employees are eligible for an exemption from the requirements to provide leave in cases where the viability of the business is threatened. That said, it remains to be seen how to request an exemption and for which provisions of the legislation the exemption will apply to. Please note the FFCRA allows tax credits up to 100 percent of the cost of paid leaves. Under guidance that will be released this week, eligible employers who pay qualifying sick, childcare, or other leave will be able to retain an amount of the payroll taxes equal to the amount of qualifying leave paid, rather than deposit them with the IRS. Per the legislation and the IRS, the payroll taxes that are available for retention include withheld federal income taxes, and both the employee and employer share of Social Security and Medicare taxes. 

    We will be covering tax credits and small business relief on Friday, March 27, 2020 during the next webinar in our COVID-19 webinar series. Please join us. You may register here: https://attendee.gotowebinar.com/rt/6872645169703825931 

    Unemployment

    Q: Will Coronavirus related layoffs affect my unemployment rate?

    A: Every state is different. In Ohio (where we are headquartered), these layoffs will not affect your rate. All coronavirus layoffs will be charged to the Ohio Unemployment Mutual Fund and will not be charged to your account.

    Q: Will my employees have a waiting week before their unemployment starts?

    A: No, Governor DeWine (Ohio) has waived the waiting period for all lack of work claims so employees can start collecting as soon as the claim has been processed.

    To learn more about GMS, visit https://www.groupmgmt.com/about-us/.

  • As an employer, it can be difficult to balance the desire to return to business and maintain a safe operation. Unfortunately, there’s not necessarily an exact answer as to how to approach reopening your business during a pandemic. While there are some rules and regulations, many details can be unclear or depend on your location, the nature of your business, and a plethora of other reasons. To help, we broke down some key factors you should consider when it’s time to reopen your business or expand operations.

    A man with a face covering after his small business returned to work. 

    Is My Region Ready for My Business to Reopen?

    It’s important to identify if your community is in a good position before you attempt to reopen your business. The White House’s Guidelines for Opening Up America Again recommends a phased approach to reopening businesses to help slow the spread of COVID-19. These guidelines suggest a few general state or regional criteria for relaxing restrictions based on certain factors within your community.

    • There should be a downward trajectory of both influenza-like illnesses (ILI) and COVID-like syndromic cases reported within a 14-day period.
    • There should be either a downward trajectory of documented cases within a 14-day period or a downward trajectory of positive tests as a percent of total tests within a 14-day period (flat or increasing volume of tests).
    • Regional hospitals should be able to treat all patients without crisis care
    • There should be a robust testing program in place for at-risk healthcare workers, including emerging antibody testing.

    While the factors listed above are solid guidelines for a safer return, it’s important to note that these are not mandates. Each state is able to independently manage COVID-19 regulations, so you’ll need to double-check local laws and rulings for any specific regulations. 

    The Three Phases for Reopening Your Business

    If your state does allow for your business to reopen, consider taking a multi-phase approach to resuming operations. This method can help you reopen your business in different stages to help keep you, your employees, and your clientele safe while you get back to business.

    Phase one

    The first phase focuses on making telework available to any employees who do not need to be onsite to complete their duties. If you maintain a regular place of business, you should close off any common areas to prevent anyone other than employees who must be on location. In addition to allowing for remote work, businesses in phase one should also minimize nonessential travel.

    Phase two

    After going through phase one long enough for another two-week decline in cases, guidelines indicate that businesses can shift to phase two. Businesses should have an accommodation plan for vulnerable employees in place at this point. 

    Employees who cannot work from home are allowed to return to the workplace as long as they follow proper safety protocol. Social distancing measures must be enforced, but businesses can ease limitations on the number of people in a space.

    Phase three

    Advancement to phase three requires another two-week decline in cases at the previous stage. Once in phase three, employers can resume unrestricted staffing of worksites. However, businesses in this phase should maintain social distancing guidelines where possible and are recommended to approach public interaction very carefully.

    What to Address When Reopening Your Business

    When it’s time to return to work, it’s important to weigh many factors that can impact you and your employees. According to the CDC, any plan to reopen your business should meet the following criteria:

    • Be specific to your workplace.
    • Identify all areas and job tasks with potential exposures to COVID-19.
    • Include control measures to eliminate or reduce such exposures.

    To meet these standards, you’ll need to address some key elements before you reopen your business.

    Hazard assessment

    As you plan for a return to work, it’s critical to assess potential hazards to you and your employees and take measures to help prevent the spread of COVID-19 in the workplace. The following practices can help you identify potential risk factors and keep your workforce safe.

    A thorough hazard assessment should be completed before any employees return to work on company premises. Various locations and job duties can create hazards specific to your business. It’s imperative to pinpoint potential problem areas and determine what can be done to protect people in those positions. The CDC suggests using the following hierarchy of controls to implement feasible and effective control solutions.

    1. Elimination – Physically remove the hazard
    2. Substitution – Replace the hazard
    3. Engineering controls – Isolate people from the hazard
    4. Administrative controls – Change the way people work
    5. PPE – Protect the worker with Personal Protective Equipment

    This hierarchy represents the most to least effective means of eliminating exposure risks in the workplace. For example, if a specific hazard forced employees to work in close quarters, the removal of that hazard is the most effective way to eliminate the risk. Of course, elimination or substitution isn’t always practical or even feasible. Instead, use the hierarchy to identify the best, most realistic method to lessen exposure risks and enact those preventative measures.

    Social distancing measures

    One effective control solution is to enable practices that help employees and potential clientele to maintain a safe distance during work. Six-foot spacing is the expected standard, so consider the following steps to promote social distancing standards in the workplace.

    • Post signage that everyone – employees, customers, and visitors included – should maintain at least a six-foot distance from each other.
    • Add directional signs for hallways and other spaces where six-foot spacing restricts movement.
    • Mark floors, counters, and more with tape or signs to create clear spaces for where employees and/or customers should stand to maintain social distancing.
    • Limit occupancy to help provide additional space for employees, customers, and visitors to prevent overcrowding and improper distancing.
    • Implement teleworking capabilities to allow people to work from home
    • Modify the work area to create more physical space between employees.
    • Close certain spaces – such as common areas – where people congregate or are too small for social distancing measures.

    Improve workplace hygiene

    Once you’ve taken steps to assess potential exposure risks and enact social distancing measures, it’s time to identify ways to implement improved hygiene standards. There are a variety of practices that employers can enact to help maintain a healthy environment and keep workspaces clean.

    • Keep soap, water, hand wipes, and paper towels available for employees, customers, and visitors to wash their hands.
    • Encourage frequent hand washing and post instructions on how to properly wash hands at all sinks or other washing stations.
    • Provide hand sanitizer – ideally with touchless dispensers – with at least 60 percent alcohol and stress to employees the importance of using it.
    • Educate employees about proper CDC sneezing and coughing practices.
    • Place no-touch trash cans and other receptacles around the premises.
    • Prohibit handshaking.
    • Discourage workers from using other employees’ desks, phones, supplies, and any other work tools and equipment.
    • Identify high-traffic areas and commonly touched surfaces that require regular cleaning and disinfection.
    • Routinely clean surfaces and higher-traffic areas in the workplace with an EPA-approved disinfectant.

    Create practices to identify and address exposed or ill employees

    Another key step toward reopening is to create a plan for employees affected by COVID-19. These policies should cover workers who may currently be sick or who show symptoms while at work.

    Have sick employees stay home

    If an employee may be sick – or live with someone who is sick – play it safe and have them stay away from work. Stress to employees that they should remain at home and notify their supervisor if they feel sick or have noticed any symptoms for COVID-19. Have employees evaluate themselves for potential symptoms before heading to work. In addition, provide them with a link to the CDC’s steps for individuals who may have COVID-19. These employees should stay away from work until they or their family members meet the CDC’s guidelines to discontinue home isolation and are cleared by a healthcare professional. 

    Consider conducting daily in-person or virtual health checks

    One way to help limit potential exposure is to conduct site temperature checks, symptom questionnaires, or other forms of health screening while at work. Neither the OSH Act nor OSHA standards prevent employers from testing employees for COVID-19 as long as this testing is done in a transparent, non-retaliatory manner.

    Personnel who conduct these screenings should wear PPE or some other level of protection. It is also not necessary to make a record of temperature checks and other details – screeners can simply acknowledge readings then and there. If you choose to document these records, you’ll want to retain them and keep them confidential as you would any other document covered under the Access to Employee Exposure and Medical Records standard.

    Separate sick employees and send them home

    It’s critical to have a policy in place for any employees who fail a screening or become ill while in the workplace. This protocol should include details about how and where to isolate sick employees if they are unable to leave immediately. For employees who use public transportation or are otherwise unable to take themselves home or to a healthcare facility, have a procedure in place to provide them with safe transport. 

    Once the affected individual leaves, all spaces that person has touched or otherwise occupied should be cleaned and disinfected to prevent possible exposure to others. Use the CDC’s cleaning and disinfection recommendations to prepare areas for future use.

    • Clean dirty surfaces with soap and water before disinfecting them.
    • Disinfect surfaces with products that meet EPA criteria for use against SARS-Cov-2 and are appropriate for the surface.
    • Always wear gloves and gowns appropriate for the chemicals being used when you are cleaning and disinfecting.
    • Wear additional PPE depending on the setting and disinfectant product you are using. For each product you use, consult and follow the manufacturer’s instructions for use.

    Create a return to work policy for workers who dealt with illness or exposure

    Make sure to have some guidelines in place before an employee returns to company premises after isolation. To start, employees should use the following CDC recommendations to know when to discontinue isolation.

    • At least 10 days have passed since symptom onset.
    • At least 24 hours have passed since resolution of fever without the use of fever-reducing medications.
    • Other symptoms have improved.

    Once the affected employee is ready to return, have that employee routinely perform self-monitoring in addition to any workplace screenings required.

    List and install various controls and safe work practices

    Before you open back up for business, you should document and implement the different measures taken to protect employees from exposure in the workplace. These measures should include different engineering and administrative controls, safe work practices, PPEs, and other regulations.

    Engineering controls for COVID-19

    There are multiple engineering controls that can help isolate employees from potential work-related hazards. These controls typically involve improving or altering worksites to reduce the chances of exposure. Certain engineering controls are more feasible than others, but the following options can help you improve the overall safety of your business.

    • Improve ventilation rates in working environments and disable demand-controlled ventilation (DCV).
    • Install high-efficiency air filters.
    • Keep ventilation systems running longer hours, perhaps even all day, to enhance air exchanges in the building space.
    • Mount physical barriers such as clear plastic guard walls and sneeze guards between work stations, places with employee/customer interaction, and other spaces.
    • Add a drive-through window or some other means of distancing for customer service.
    • Move electronic payment reader away from cashier.
    • Remove or rearrange furniture and other items to increase space and maneuverability.
    • Review the safety of your building water system and devices after a prolonged shutdown.

    Administrative controls

    While engineering controls alter your work spaces, administrative controls are changes to work policies that impact employees. Adjusting certain procedures can help limit the odds of exposure and give employees not only a safer work environment, but also some peace of mind to allow them to focus on their jobs and personal lives. Consider instituting some of the following administrative controls when it’s time to return to work.

    • Create communication plans and invest in online teleconferencing or chat platforms to give employees the means to communicate away from the office and address any concerns.
    • Evaluate existing policies and, if needed, implement new ones that provide additional flexibility and use of telework, types of leave, and other options to help employees minimize exposure risks.
    • Replace in-person meetings with virtual communications to minimize contact among employees, clients, and customers.
    • Offer work hour flexibility, alternating days, or staggered shifts to limit the number of employees in the same location at the same time.
    • Limit, or even discontinue, nonessential travel.
    • Limit capacity for break rooms.
    • Mandate employees wear cloth face masks and other appropriate face coverings if PPE is not required.
    • Provide employees with up-to-date education on COVID-19 risk factors and training for protective behaviors, such as how to wear protective clothing, proper care, etc.

    PPEs

    As an employer, you are obligated to provide employees with the proper PPE required to keep them safe as they complete their duties. Gloves, goggles, face shields, face masks, and respiratory protection are all forms of PPE that may be required depending on an employee’s duties. Before you reopen your business, you should assess which PPE is required for every employee based on specific job duties and the hazards faced in that role. In addition, PPE should be provided at no cost to the employees. According to OSHA, the PPE supplied to your employees should be:

    • Selected based upon the hazard to the worker.
    • Properly fitted and periodically refitted, as applicable (e.g., respirators).
    • Consistently and properly worn when required.
    • Regularly inspected, maintained, and replaced, as necessary.
    • Properly removed, cleaned, and stored or disposed of, as applicable, to avoid contamination of self, others, or the environment.

    Don’t Prepare for the Future Alone

    Running a successful business isn’t easy during normal times – figuring out how to safely reopen during a pandemic is a different challenge altogether. There are multiple factors that impact the ability to reopen your business in a safe and compliant manner, and only so much time for you and your team to determine the right course of action for your company.

    While reopening your business is a frenzied experience, you don’t have to go through the process by yourself. At GMS, our experts can help guide you through difficult decisions and take the administrative burden off your shoulders as you lead your business through a critical endeavor. Contact GMS today to find out how we can help you make your business simpler, safer, and stronger.