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New COVID-19 Policy Impacting Small Businesses:
Families First Coronavirus Response Law and New Department of Labor Guidance
As of March 20, 2020
On March 18, President Trump signed the Families First Coronavirus Response Act into law.
The Department of Labor’s Wage and Hour Division is holding an open comment period on the Families First Coronavirus Response Act’s expanded paid leave requirements for employers with fewer than 500 employees. The comment period ends March 29, 2020. The expanded family and medical leave provisions are set to take effect April 1, 2020 and expire on December 31, 2020.
On March 24, the Wage and Hour Division announced a temporary non-enforcement period through April 17, 2020. While the paid leave provisions take effect on April 1, a business will not be penalized for violations through April 17, provided that the employer has made reasonable, good faith efforts to comply with the act.
According to a final ruling from the Department of Labor set to be published on Monday, April 6, small businesses with fewer than 50 employees are exempt from providing expanded paid sick and family leave if an employee cannot work due to a lack of childcare (the business is still required to provide paid sick leave in other circumstances). A business is only eligible for this exemption if:
Small businesses that qualify for an exemption under the above criteria are not required to send documentation to the department, but must retain records for their own files.
Here is a look at specific provisions of the new law that booksellers should know (keep in mind that state and local laws may also apply):
Job-Protected Family Leave
The bill provides employees of employers with fewer than 500 employees, who have been on the job for at least 30 days, with the right to take up to 12 weeks of job-protected leave under the Family and Medical Leave Act if:
The first two weeks can be unpaid. For the remaining 10 weeks, employees will receive a benefit from employers that will be at least two-thirds of the employee’s usual pay, with a cap of $200 per day.
The Labor Department will have the option of exempting workers at any company with fewer than 50 employees, if it determines that providing paid leave would jeopardize the viability of the business as a going concern.
Tax Credit for Paid Family Leave
The bill provides employers with a refundable tax credit equal to 100% of qualified family leave wages paid. Employers can claim the credit quarterly.
Tax Credit for Paid Family Leave for Self-Employed Individuals
The bill provides employers with a refundable tax credit equal to 100% of a qualified family leave equivalent amount for eligible self-employed individuals. The qualified family leave equivalent amount is capped at the lesser of $200 per day or the average daily self-employment income for the tax year and is limited to 50 days.
Paid Sick Leave
The bill requires employers with fewer than 500 employees to provide employees two weeks of paid sick leave if the employee is unable to work (or telework) because:
Paid leave is calculated based on the employee’s regular compensation, but is capped at $511 for employees who meet categories (1), (2), or (3) above and $200 for employees who meet categories (4), (5), or (6).
Full-time employees are entitled to 80 hours of paid sick time and part-time employees are entitled to the typical number of hours that they work, on average, in a typical two-week period.
The Labor Department will have the option of exempting workers at any company with fewer than 50 employees, if it determines that providing paid leave would jeopardize the viability of the business as a going concern.
Tax Credit for Paid Sick Leave
The bill provides employers with a refundable tax credit equal to 100% of qualified sick leave wages paid. Employers can claim the credit quarterly.
Tax Credit for Paid Sick Leave for Self-Employed
The bill provides a refundable tax credit equal to 100% of a qualified sick leave equivalent amount for eligible self-employed individuals who meet categories (1), (2), or (3) in the “Paid Sick Leave” section. The bill provides a refundable tax credit equal to 67 percent of a qualified sick leave amount for eligible self-employed individuals who meet categories (4), (5), or (6).
Unemployment Compensation
The bill provides $1 billion for emergency grants to states for activities related to processing and paying unemployment insurance (UI) benefits, under certain conditions. The allocated money will be used to provide immediate additional funding to all states for staffing, technology, systems, and other administrative costs. In addition, the bill reserves emergency grants for states that experience at least a 10 percent increase in unemployment.
U.S. Department of Labor’s Guidance on Unemployment Insurance Flexibilities
While not part of the Families First Coronavirus Response Act, the Department of Labor issued new guidance outlining flexibilities that states have in administering their unemployment insurance (UI) programs to assist Americans affected by the COVID-19 outbreak. Federal law allows states to pay benefits where:
Federal law does not require an employee to quit in order to receive benefits as a result of COVID-19. However, an individual receiving paid sick leave or paid family leave is still receiving pay. Thus, generally speaking, the individual is not “unemployed,” so the individual is ineligible for unemployment insurance.
Since states administer unemployment compensation, check with your state government’s website to see if you are eligible.
American Booksellers Association is a national trade association that supports and advocates for the success of independent bookstores. We provide members with education, networking opportunities, advocacy, resources, and technology. In turn our members support local schools through book fairs, donations and author visits; promote literacy; provide inclusive community centers; connect readers and books; add character to neighborhoods; champion and center diverse and new voices; and contribute to the local economy. We feel honored to support them in their work.
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