Capitol Benefits Group Welcomes Diane Primmer
Important Updates
PPP Amendments Were Signed into Law on Friday, June 5, 2020.
Since being established as part of the Coronavirus Aid, Relief and Economic Security Act (CARES Act) in March 2020, the Paycheck Protection Program (PPP) has been the subject of additional stimulus bills, legal guidance and interim final rules. In the latest development, Congress passed the Paycheck Protection Program Flexibility Act of 2020, which is a bill that provides borrowers with greater flexibility in spending PPP funds without compromising forgiveness eligibility.
What is included in the bill?
The bill, which passed with a bipartisan vote, makes the following amendments to the PPP to provide relief to borrowers:
Loan repayment terms-The bill extends the minimum loan term for unforgiven PPP loans from two years to five years.
Payroll costs vs. nonpayroll costs- For forgiveness eligibility, the bill reduces the portion of PPP funds that must be spent on payroll costs from 75% to 60%, and raises the nonpayroll cost limitation from 25% to 40%.
Covered period extension-The bill extends the covered period during which borrowers must spend the PPP funds to be eligible for forgiveness from eight weeks to 24 weeks from the date of origination of the loan.
Payroll tax deferment-The bill permits borrowers to defer payroll taxes without being penalized while still remaining eligible for loan forgiveness.
Extension of rehiring safe harbor-The bill extends the rehiring safe harbor by six months to provide borrowers with additional time to restore payroll levels or rehire employees without facing a reduction in the amount of forgiveness for which they are eligible. The original date was June 30, 2020, and the new date is Dec. 31, 2020.
In addition to the provisions above, the bill provides loan forgiveness eligibility exemptions for borrowers that are not able to rehire an employee or a replacement. There are also exemptions for loan forgiveness eligibility for borrowers that are not able to return to the same level of business due to complying with COVID-19-related orders or circumstances.
What's next?
Borrowers should review the bill carefully and speak to their lender should they have any questions. In addition, borrowers should direct any questions regarding their PPP loan to their lender.
PCORI Transition Relief for Calculating the Average Number of Covered Lives Also Available
On June 8, 2020, the IRS issued Notice 2020-44, which increases the Patient-Centered Outcomes Research Institute (PCORI) fee amount for plan years ending on or after Oct. 1, 2019, and before Oct. 1, 2020. It also provides transition relief for calculating the average number of lives covered under the plan for this period (which is what the PCORI fee is based on).
Specifically, the PCORI fee amount for plan years ending on or after Oct. 1, 2019, and before Oct. 1, 2020, is increased to $2.54 multiplied by the average number of lives covered under the plan. Plan sponsors may use any reasonable method for calculating the average number of covered lives for this period, in addition to existing methods, so long as it is applied consistently for the duration of the plan year.
As a reminder, employers of certain self-insured health plans are responsible for paying PCORI fees annually. Fees for plan years that ended in 2019 are due July 31, 2020.
OSHA Recommends that Employers Encourage Workers to Wear Face Coverings at Work
As the national economy reopens, an unprecedented number of workers will be required to wear faces masks in the workplace for the first time.
To help employers provide a safer work environment, the Occupational Safety and Health Administration (OSHA) has published a series of answers to frequently asked questions (FAQs) regarding the use of masks in the workplace. The new guidance outlines the differences between cloth face coverings, surgical masks and respirators.
Among other things, the FAQs explain that:
Cloth face coverings are not considered personal protective equipment and employers are not required to provide them;
OSHA generally recommends that employers encourage workers to wear face coverings at work;
Cloth face coverings are not a substitute for social distancing measures;
OSHA suggests following CDC recommendations, and always washing or discarding cloth face coverings that are visibly soiled; and
Employers must not use surgical masks or cloth face coverings when respirators are needed.
Click here for more information.
Final Rule Removes Gender Identity, Termination of Pregnancy, and Notice and Tagline Provisions
On June 12, 2020, the U.S. Department of Health and Human Services (HHS) issued a final rule that revises the implementation of the Affordable Care Act's Section 1557 nondiscrimination provisions on gender identity and language access. Specifically, the final rule:
Removes gender identity and termination of pregnancy from being included as sex discrimination; and
Eliminates the requirement that covered health programs and activities distribute nondiscrimination notices and tagline translation notices in at least 15 languages to patients and customers.
The final rule is scheduled to be published in the Federal Register on June 19, 2020, and will become effective 60 days after publishing. The final rule does not affect the substantive Section 1557 provisions related to nondiscrimination on the basis of disability, race, color, age, national origin or sex.
HHS' press release and fact sheet on the final rule contains additional details.
New FAQ Addresses Tests for COVID-19 Antibodies
On June 17, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) issued an additional answer to frequently asked questions (FAQs) about how employers should comply with the Americans with Disabilities Act (ADA) during the COVID-19 pandemic. The new FAQ indicates that the ADA prohibits employers from requiring employees to take COVID-19 antibody tests. Existing FAQs address how employers may handle workplace issues for employees who are considered to be at high risk of serious illness from COVID-19 and several other ADA issues.
OSHA's Publication Includes Charts and Examples Help Implement Safety Principles
On June 18, 2020, the Occupational Safety and Health Administration (OSHA) released guidance to help employers plan how to reopen nonessential businesses. The guidance also addresses issues employers should consider as they ask their employees to return to work during the COVID-19 pandemic.
OSHA's guidelines for reopening nonessential businesses provide general principles for updating restrictions that were originally put in place to slow the spread of the coronavirus. Specifically, this new guidance covers:
How to plan a reopening
OSHA standards and required protections in the workplace
Available OSHA assistance programs
Answers to employer frequently asked questions
OSHA has stated that this new guidance is meant to supplement the White House's Guidelines for Opening Up America Again and the Guidance on Preparing Workplaces for COVID-19 developed by the U.S. Departments of Labor and Health and Human Services. As a result, businesses should follow local timelines and phased reopening plans as they implement OSHA's guidance.
Employers should also continue to monitor federal, state and local updates about community disinfection, best practices and transmission mitigation measures. For example, employers can visit OSHA's coronavirus webpage and the Centers for Disease Control and Prevention website for updates.