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IECRM MEMBER FORUM Covid-19 – Hot Summer & Hot Topics

IECRM Member Forum – COVID-19 Updates Wednesday, August 19, 2020
7:30 AM – 8:30 AM
Hosted by IECRM

IECRM is honored to help you navigate through these unprecedented times during the COVID-19
pandemic. Below you will find a bulleted recap of the discussion and helpful links to resources mentioned
in today’s Member Forum.

Upcoming Member Forums: September 2, September 16, October 14, November 11, and December 9.
Register now to join the upcoming live discussions.

If you have any questions to ask of our subject matter experts, or suggestions for future Member Forums,
please contact IECRM CEO Marilyn Akers Stansbury at marilyn@iecrm.org or 303-848.2513.

Sign up for our free Online Member Forums here.

Watch the VIDEO RECORDING of this week’s forum.

MEMBER FORUM RECAP

Subject Matter Experts (SMEs) included:

● Kristin White, Attorney at LawFisher & Phillips, LLP
kwhite@fisherphillips.com | O: (303) 218-3658
https://www.fisherphillips.com/offices-denver

● Greg Atkinson, SVP, Market Manager
BOK Financial
GAtkinson@bokf.com | O: (303)383-1277
https://www.bokfinancial.com/

Schools Reopening & Workplace Adjustments

How do we help support parents who have school-aged children?

● EFMLEA (Emergency Family and Medical Leave Expansion Act)-applies to employers who have
less than 500 employees.

● Employers with fewer than 50 employees are eligible for an exemption from the requirements to
provide leave to care for a child whose school is closed or child care is unavailable in cases where
the viability of the business is threatened (per dol.gov).

● There is still a tax credit if you pay out for EFMLEA. It is paid leave.

● If the child’s school has gone to remote learning, their place of school is “closed” (for purposes of
this law). This makes the parent eligible for EFMLEA.

IECRM MEMBER FORUM – Covid-19 – Hot Summer & Hot Topics

● If the school is open, but the parent chooses to keep the child home (hybrid learning), the employee
is then NOT ELIGIBLE for EFMLEA.

What are you hearing from business about adjusting business priorities to accommodate the employees
with school-aged children?

● The law is not written with the concern for business owners, but for those who have to make
changes with school starting.

● EFMLEA is different than when it first came out. It is now the employee’s choice for intermittent
leave versus taking the 80 hours in a lump sum.

● The more conservative approach and recommendation is to try to work with the employee if they
request the intermittent leave.

● Could employees be transitioned to work a different shift to accommodate schooling kids? Only if
the employee and employer agree. This is a time that you need to have a dialogue with the
employee. Try to be flexible and creative.
Economic Updates & PPP

What are you seeing from an economic standpoint and give us the latest updates on PPP?

● From an economic standpoint, most clients have received a 10-20% loss in revenue due to COVID,
but they have done a good job managing the loss.

● Many businesses are using this as a time to look over their budgets and make changes accordingly.
● Many companies are reinventing themselves and pursuing other revenue opportunities.
PPP Updates & Forgiveness Information

● From a PPP loan forgiveness, banks were all set to start taking loan forgiveness applications
beginning August 10th. It has now been pushed back to the end of the month.

● There is still PPP funding available. The application portal is closed, but will likely be reopened. The
main street lending programs are not being utilized, but they need to take another look and change
some of the provisions to encourage banks to put their clients into the program.

● Hopeful that PPP loans below a certain amount will be automatically forgiven.

● PPP loans that are forgiven and shown on income statements will not be taxable.

HEALS Act Impact on PPP Loan Forgiveness

● HEALS Act (Health, Economic Assistance, Liability protection and Schools Act) has items that
directly impact the PPP loan forgiveness.

● PPP loans of $2M+ will have to provide more documentation for forgiveness. Be patient for a few
more weeks while the HEALS Act legislation moves throughCongress.

● There may also be another round of PPP funding for companies that sustained more than 50%
decline in revenue (requirements to qualify are still unknown).

Payroll Tax Deferral Executive Order

● Advise not to make changes to your payroll taxes until there is more clarification.

● Companies will still be required to pay taxes, but the employee can opt-out with the requirement
that those taxes will be repaid by the employee next year.

Updates from the Governor
Please see the latest link from the Governor’s Office. This is great info about workplace settings and
response to exposures: https://covid19.colorado.gov/workplace-outbreak-guidance.

Additional Thoughts
A question was asked this morning regarding the ratio used on public sector/Davis Bacon projects in the City
& County of Denver. IECRM is still working with Denver officials in the mayor’s, auditor’s and city council
offices to clarify and resolve the interpretation issue that exists between the ordinance passed in December
2018 and internal documents that date back for decades. Please continue to let Marilyn know if/as you
encounter issues.

The City and County of Denver has updated its special inspections schedule to be more open during
COVID-19. Please use the following link for scheduling special or after-hours inspections:
https://www.denvergov.org/content/denvergov/en/denver-development-services/help-me-find-/inspect
ions/special-inspection-request.html

Resources from our Subject Matter Experts:
Fisher Phillips:
https://www.fisherphillips.com/fisher-phillips-comprehensive-covid-19-resource-center
● FP COVID-19 Briefing: Vaccines, Flu Season, and Common Workplace Misunderstandings

BOK Financial:
https://www.bokfinancial.com/landing-pages/covid-19/covid-19-resource-center
Additional COVID-19 Links
● State of Colorado COVID Resources https://covid19.colorado.gov/protect-our-neighbors – New
Executive Order in DRAFT through 6/18/2020
● Department of Labor Families First information:
https://www.dol.gov/agencies/whd/pandemic/ffcra-employee-paid-leave
● IECRM COVID-19 Updates and Resources (with links to all forum recaps and resources):
/iecrm-covid-19-updates-resources/

IECRM/NECA Inspector Meetings. Contact Paul Lingo at paul@iecrm.org with any questions. Join Zoom
Meeting: https://us02web.zoom.us/j/84432929639

Upcoming Dates:
Sep 30, 2020 11:00 AM
Oct 28, 2020 11:00 AM
Nov 25, 2020 11:00 AM

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