COVID-19

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Posted on January 13, 2021

 

On December 31, 2020, the Wage and Hour Division of the Department of Labor (“DOL”) updated its Family First Coronavirus Response Act (“FFCRA”) guidance. The update follows the Consolidated Appropriation Act of 2021 (the “Act”) which was signed into law on December 27, 2020. The Act extended the FFCRA tax credit through March 31, 2021 if an employer voluntarily makes paid sick and family leave available to its employees from December 31, 2020 through March 31, 2021. The new Questions and Answers issued by the DOL clarify that:

  • An employer is required to compensate employees for any FFCRA leave taken prior to December 31, 2020.
  • An employer is not required to provide FFCRA leave after December 31, 2020, even if all available FFCRA leave was not exhausted in 2020.
  • An employer may decide to provide such leave after December 31, 2020, and receive employer tax credits for paid sick leave and expanded family leave voluntarily provided to employees until March 31, 2021.

If you have questions about the FFCRA, please contact your PBPA attorney.

Posted on January 7, 2021

The Consolidated Appropriations Act of 2021 (“CAA”), which was enacted on December 27, 2020, includes a wide variety of new programs and changes to existing law. This article covers many of the important programs and changes applicable to small, community-based §501(c)(3) nonprofit organizations, including the Paycheck Protection Program, Employee Retention Credits, Shuttered Venue Operator Grants, Low Income Housing Tax Credits and Employer Paid Student Loans.

The CAA also includes provisions addressing unemployment benefits and paid leave under the Families First Coronavirus Response Act (“FFCRA”). With regard to unemployment, the new law extends the Pandemic Relief Unemployment Compensation program to provide an additional 13 weeks of benefits to those who exhaust state benefits and adds a federal benefit of up to $300 for up to 10 weeks. It also extends unemployment eligibility to the self-employed, temporary workers and independent contractors. The Georgia Department of Labor is working to implement these new rules and issued this updated notice on its website on December 28, 2020. In addition to addressing unemployment, the new law addresses paid leave under the FFCRA. The mandatory leave provisions under the FFCRA, which required up to 80 hours of paid sick leave and up to 12 weeks of partially-paid family leave, expired on December 31, 2020. Employers are no longer required to provide these leaves.

However, the new law still provides for a tax credit for employers who voluntarily chose to provide these leaves to employees through March 31, 2021.

Posted on December 23, 2020

The COVID-19 vaccine is currently only available to some individuals.  What will you do when it is available to your employees?  Should you require vaccines for your employees?  Can you mandate them?  What are the risks associated with not requiring vaccinations?  There are currently more questions than answers, but this article provides a good starting point as you consider what your organization may do as the COVID-19 vaccination becomes more readily available.

Posted on November 2, 2020

On August 25, 2020, a new Interim Final Rule issued by the Small Business Administration (“SBA”) became effective. It explains how a PPP borrower may appeal a negative SBA loan review decision regarding either its eligibility to receive a PPP loan or the amount of loan forgiveness it receives to the SBA Office of Hearings and Appeals (OHA). Read this article to learn more.

Posted on October 22, 2020

The SBA has announced a new forgiveness form and requirements for PPP loan recipients who borrowed a total of $50,000 or less. The new Form 3508S is even more streamlined than the PPP loan forgiveness Form 3508EZ and takes into account exemptions if a borrower reduced full-time equivalent (FTE) employees or salaries or wages. Read this article for the latest on small PPP loan forgiveness.

Posted on October 8, 2020

If you’re organization is anticipating a merger or sale of assets with dissolution, and either of the parties to the deal have received a PPP loan, there are important considerations for your nonprofit to keep in mind. On October 2, the SBA released further guidance on what happens to PPP funds where there is a change in company or asset ownership. Read THIS ARTICLE to learn more about how a merger or asset sale could impact PPP loan forgiveness, when SBA approval of the transaction is necessary, and best practices on how to handle PPP funds between two merging organizations.

Posted on October 7, 2020

Join PBPA staff attorneys in a virtual webinar as they offer their perspectives on legal issues around COVID-19 and nonprofits. During this one-hour webinar, the speakers will draw from their diverse experience in counseling Georgia nonprofit clients during these unprecedented times, covering topics like employment, contracts, leases and board governance.

Additional Links:
PBPA COVID-19 Resource Page
Do This One Thing To Take Advantage of Potential COVID Immunity
Corporate Governance During a Pandemic

View the Webcast

Posted on September 29, 2020

The current COVID-19 pandemic has created various lease issues for nonprofits, both as landlords and tenants. An analysis of these issues requires particular attention to the express terms of the lease and the facts of the leasing relationship. During this presentation, we will look at COVID-19 leasing issues including:

• What to look for in your existing lease.
• What happens if your landlord goes out of business?
• What options does a nonprofit landlord have if their residential tenants are no longer paying rent?

We will also share practical legal considerations for lease agreements moving forward in an environment that is quickly evolving and filled with unknowns.

Speaker: Parker Stephens, Associate at Morris Manning & Martin

View the Webcast

Posted on September 24, 2020

If a nonprofit organization has 15 or more employees, it is subject to the Americans with Disabilities Act (“ADA”), which prohibits discrimination against individuals with disabilities in the workplace and requires the reasonable accommodation of disabilities. On September 8, 2020, the Equal Employment Opportunity Commission (“EEOC”) updated its guidance entitled “What You Should Know about COVID-19 and the ADA, Rehabilitation Act, and Other EEO Laws.” The updated guidance, summarized in this article, provides employers with information about several topics related to return to work and COVID-19 including: the relationship of the ADA and CDC COVID guidance, testing, medical inquiries, and telework as a “reasonable accommodation”.

Posted on September 24, 2020

U.S. Department of Labor (“USDOL”) issued new regulations which went into effect as of September 16, 2020 for to the Families First Coronavirus Response Act (“FFCRA”). The ruling related to four provisions of FFCRA: 1) the definition of health care provider; 2) the denial of benefits to employees who are unable to work for an FFCRA-covered reason but the employer does not have work available; 3) the requirement that intermittent leaves be agreed by the employer before they are provided; and 4) the timing of the documentation requirement for leaves. Read this article to learn more about the ruling.