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Recent Blog Posts

  • Workplace exposure to COVID-19: Can employers be liable? By Rich Helmreich    As COVID-19 cases continue to mount nationwide, so have lawsuits relating to fallout from the virus. On April 6, 2020, in one of the first COVID-19-related lawsuits of its kind, the estate of an Illinois Walmart Supercenter employee sued Walmart and the premises owner for wrongful death in Toney Evans v. Walmart, Inc., et al. My colleague Brodie Butland details the lawsuit in this Employer Law Report blog.... More
  • The Employee Retention Tax Credit By Victoria Hanohano-Hong    On March 27, 2020, the Coronavirus Aid, Relief and Economic Security Act (CARES Act) was signed into law. The CARES Act introduced the Employee Retention Tax Credit (ERTC), a new tax credit to incentivize employers, who are economically distressed due to COVID-19, to retain employees. The credit The ERTC provides a 50% tax credit on qualified wages paid to employees. For every dollar of qualified wages paid to an employee, the employer can claim a credit of 50 cents. There... More
  • How to claim COVID-19 tax credits under the FFCRA and the CARES Act By Victoria Hanohano-Hong    There are three COVID-19 related tax credits that were introduced under the Families First Coronavirus Response Act (FFCRA) and the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), which are subject to various limitations: Emergency Paid Sick Leave Act tax credits – a dollar-for-dollar tax credit for qualifying wage payments of emergency paid sick leave; Emergency Family and Medical Leave Expansion Act tax credits – a dollar-for-dollar tax credit for qualifying wage payments of family leave; and The Employee Retention... More
  • UPDATE: Tax credits available under the Families First Coronavirus Response Act By Victoria Hanohano-Hong    On March 18, 2020, the Families First Coronavirus Response Act (FFCRA) was signed into law requiring employers with fewer than 500 employees to make payments for COVID-19 related FLMA leave and paid sick leave required by the Act. To lessen this financial burden to employers, the act provides for refundable tax credits to offset payroll taxes. The FFCRA tax credits will be provided for eligible wages paid from April 1, 2020, to December 31, 2020. Paid sick leave tax... More
  • How ESOP sponsors can survive the disruption from COVID-19 By Greg Daugherty and Deb Boiarsky    The spread of COVID-19 and the resulting disruption to the economy has led many employers to think creatively about how to manage cash, provide for the sustainability of their businesses and preserve the culture they have created with their employees and customers. These issues are especially critical for employee stock ownership plan (ESOP) companies, many of whom are in the process of their annual appraisal. These appraisals are important because they directly affect the size... More
  • Tax credits available under the Families First Coronavirus Response Act By Victoria Hanohano-Hong    This post was updated on April 7, 2020. Please read the update here. On March 18, 2020, the Families First Coronavirus Response Act (FFCRA) was signed into law requiring employers with fewer than 500 employees to make payments for COVID-19 related FMLA leave and paid sick leave required by the act. To lessen this financial burden to employers, the act provides for refundable tax credits to offset payroll taxes. The FFCRA tax credits will be provided for eligible wages... More
  • Navigating employment issues in the wake of COVID-19 webinar By Rich Helmreich    We have all felt the tremendous impact to our workplaces and daily lives following the COVID-19 outbreak We’ve also watched the daily press conferences announcing new legislation and executive orders–but what happens next? My colleagues Leigh Ann Benedic and Mike Underwood hosted a discussion on effects of the Family First Coronavirus Response Act (FFCRA) on employers, state law developments and provide answered to frequently asked questions that will help you manage your workforce effectively through these unique times. Click... More
  • IRC Section 409A v. COVID-19: The nonqualified and executive compensation clash, and how employers can navigate it By Greg Daugherty, Dave Tumen and Rich Helmreich    Unintended consequences are a fact of life. As one of many examples, after the Titanic sank, the United States enacted a law that required any American ship carrying over 100 tons of weight to have enough lifeboats for every passenger. It was a noble thought – no more rationing of lifeboats in the event of a future ship wreck. Unfortunately, the SS Eastland was a poorly designed ship. The additional lifeboats required by... More
  • Employer disclosures of COVID-19 diagnoses By Victoria Hanohano-Hong    As more test kits become available for COVID-19 and an increasing number of people are tested, there will be more positive diagnoses. Because of COVID-19’s rapid community spread, many employers will soon see positive diagnoses of their own employees. If an employee tests positive for COVID-19, an employer may want to limit workplace exposure by notifying its other employees of the positive diagnoses. Generally, an employer may disclose a positive diagnosis of COVID-19 to employees, but must do so... More
  • Navigating employment issues, help for small businesses and a delay in the tax deadline By Rich Helmreich    There have been a number of helpful blogs recently from our colleagues at Porter Wright aimed at helping businesses navigate the COVID-19 outbreak. Navigating Employment Issues in the Wake of COVID-19 webinar We have all felt the tremendous impacts to our workplaces and daily lives following the COVID-19 outbreak We’ve also watched the daily press conferences announcing new legislation and executive orders, but what happens next? As your workplace adapts to growing restrictions, Porter Wright invites you to a live webinar... More