Plan for Employee Safety as Employees Return to Work
Chances are, employers don’t need the force of law to make them care about the health of their employees, especially during the novel coronavirus (COVID-19) pandemic. But it’s still important to know what the federal workplace safety agency — the Occupational Safety and Health Administration (OSHA) — has to say about employees returning to their jobs with a measure of confidence in their own safety.
OSHA’s recent “Guidance on Preparing Workplaces for COVID-19” report offers a helpful blueprint. However, the agency stresses it’s “only advisory in nature” and doesn’t set any new standards. Also, it falls under the underlying law’s overall requirement that employers “provide their employees with a workplace free from recognized hazards likely to cause death or serious physical harm.”
Below are some points from the OSHA blueprint to help you consider workplace safety through a new lens.
Assess Your Risk Profile
Step one in working toward a hazard-free workplace is to make an “infectious disease preparedness and response plan,” OSHA states. (You might need to recycle your plan at some future time when another aggressive virus makes the rounds.)
Consider the sources of COVID-19 that workers might be exposed to. Those include both sources at work — namely coworkers and other people who regularly come to your workplace — and workers’ potential exposure outside work.
For example, employees who commute to work via public transportation might face a higher risk of being exposed than those who drive their own cars. Similarly, employees with spouses or family members who work on the front lines, such as in a hospital clinical setting, could pose a greater risk than others.
While you can’t discriminate against employees who might be at greater risk than others, having a complete risk exposure picture can guide your overall preparedness strategy. You might have considered that the chances of a viral outbreak at your workplace were minimal before thinking about potential indirect sources of exposure, and thus decide to take greater precautions than you otherwise would.
Workplace Control Categories
“Workplace controls” for infection prevention, as OSHA calls them, fall into four buckets:
- Engineering controls.Physical measures include using high-efficiency filters, increasing ventilation, and installing physical barriers such as clear plastic sneeze guards.
- Administrative controls.This involves HR policies, safety equipment and procedure training.
- Safe work practices.Examples include “no-touch” trash cans, alcohol-based hand rubs and required handwashing.
- Personal protective equipment (PPE).This includes gloves, goggles, face shields, etc. Note: While there’s no COVID-19-specific OSHA PPE standard, some regulations may apply here. One is general industry PPE standards laid out in 29 CFR 1910 subpart I, governing when the use of gloves, eye, face and respiratory protection is required.
As the above categories indicate, infection prevention measures highlighted by OSHA aren’t limited to frequent handwashing and disinfecting of workplaces. They cover work policies you might not already have in place, for example, when employees should work from home or call in sick.
And while this isn’t suggested by OSHA, you might review your paid sick leave policy to ensure that it doesn’t discourage sick employees (potentially with COVID-19) to report for duty to avoid forfeiting pay.
Other possible policy responses to consider include staggered work shifts to lower the density of employees at work at any given time, and other ways to allow workers to spread out more (“social distance”).
Employees’ Obligations
Employees should be informed of the right person or department to contact if any symptoms consistent with COVID-19 arise, and what will happen next. Ideally, you’ll have multiple options ranging from sending the employee home immediately to moving the employee’s workstation to a more remote site. “Although most worksites do not have specific isolation rooms, designated areas with doors may serve as isolation rooms until potentially sick people can be removed from the worksite,” OSHA suggests.
Not every respiratory infection is COVID-19 related, of course. But OSHA discourages employers from requiring every sick employee to obtain documentation from a healthcare professional before deciding how to handle the situation. Erring on the side of caution is the practical solution because swamped medical offices might not be able to generate such documentation.
“Risk Pyramid”
OSHA’s guidance also features a “risk pyramid” that classifies hazard levels for different kinds of jobs and workplaces. It’s encouraging to note that OSHA believes most workers “will likely fall into the lower or medium exposure risk levels.”
Jobs with “medium” exposure risk include those “that require frequent and/or close contact with people who may be infected but are not known or suspected” to be infected. The least risky (“lower exposure risk”) jobs “are those that do not require contact with people known to be, or suspected of being” infected, nor frequent contact with the general public.”
In contrast, jobs with “very high” exposure risk include healthcare workers and those who perform autopsies working with known or suspected COVID-19 patients. The next level down in the risk spectrum are jobs with just “high” exposure risk. This includes healthcare delivery personnel (for example, ambulance drivers) and medical support staff working around known or suspected COVID-19 patients.
Your infection minimization strategy and policies can be suited to the risk classification of the jobs your employees have. For example, for jobs in the “lower exposure risk” class, special engineering controls are “not recommended,” beyond any that may already be in place for risks not specifically associated with COVID-19. In contrast, some engineering controls are recommended for medium exposure risk jobs. Those include “physical barriers, such as clear plastic sneeze guards, where feasible.”
Final Thoughts
As noted, OSHA’s suggestions are merely that — suggestions and not strict requirements. It’s helpful to read the OSHA guidance to ensure you’re aware of how contagions spread. But for your company, you and your trusted managers and advisors are in the best position to evaluate the risks that exist in your workplace, and how to minimize them.
The novel coronavirus (COVID-19) pandemic has caused difficulties for millions of businesses — from family-owned restaurants and niche manufacturers to multinational airlines and oil companies. As the economy slowly reopens across the country, old ways of doing things clearly won’t work for most business operations.
But there’s a potential upside: Major economic disruptions may provide opportunities for managers and owners who can reject the status quo and “think outside the box.” Over the short run, businesses that “pivot” in a timely manner may be able to stay afloat until things decisively turn around for the better. There also may be long-term opportunities to add value and update your existing business model.
Old Concept, New Twist
Pivoting isn’t a new concept. Some of the most profitable and recognizable businesses in the country changed paths midstream before they truly became successful.
A classic example is Starbucks. The company didn’t start out as a franchiser of coffee shops. Initially, it sold coffee makers, bulk coffee beans and other items before shifting to its current model of coffee houses with a sense of community, like those in Italy and other European countries. Now it seems as if Starbucks has a coffee shop at every busy intersection in the country — and a loyal following of coffee aficionados.
What makes the current situation different is the sense of urgency and uncertainty. With some states in various phases of slowly reopening, local businesses may have to modify their operations and adapt to the “new normal.” What’s more, astute business people are seizing on pandemic-inspired opportunities for creating goodwill. (See “Successful COVID-19 Pivots,” at right.)
8 Tips to a Successful Pivot Strategy
Pivoting requires a transition period, especially if you’re shifting to a new product line or paradigm. It’s not as easy as snapping your fingers and announcing a change of plans. Here are eight practical suggestions to smooth out the rough edges.
1. Communicate. Let your customers know that you’re still there to serve them and that safety is your main concern. Explain the extra precautions you’re taking — including use of employee face masks, contactless payment methods, and cleaning procedures — to ensure that doing business is a safe experience.
Also, tout new products and services — such as free delivery or curbside pickup — on your website. If customers don’t know what you’re selling, they won’t be buying. Expand the reach of your social media accounts.
2. Modify your business hours. Whether you’re an essential business that’s been open throughout the lockdown or you plan to reopen soon, shorter business hours may be necessary. You’ll need more time for cleaning, and you might need to scale back nonpeak business operations to control labor costs. Many businesses are also carving out special senior-only shopping times, say, between 8 a.m. and 10 a.m. Post changes in your business hours at the physical location, as well as on your website and social media.
3. Adapt to meet new demands and needs.Be creative about serving customers who are staying at home. Can you offer pick-up and/or delivery services? If a car dealership can drive a new vehicle to a buyer’s residence, can you do the same for your products? Or can you use teleconferencing to walk a client through the steps of a purchase?
4. Think ahead.If people can’t buy your services or goods right now, you may be able to encourage them to purchase later. For example, if you own a retail outlet that’s had to close its doors, you might offer gift cards for future purchases at discounted rates. When restrictions in your area have been lifted, customers can cash in. In the meantime, you’ve boosted current cash flow.
5. Update your website.Now may be a good time for a complete overhaul of your website. Test your online order system from the perspective of a customer and consider ways it can be updated to facilitate customer orders.
At the very least, freshen up your site and make it more visually appealing. Include all the latest information, ditch outdated or inaccurate information and fix any broken links. When it makes sense, hire a professional to handle the changes. In addition, if you don’t already have an app, now might be a good time to create one to allow customers to order from your business using their smartphones.
6. Learn a new skill.Faced with necessity, managers and owners may delve into areas they previously hadn’t touched. For instance, if you aren’t proficient in social media, navigate new platforms. Or you could become adept at scheduling pick-ups through software. Or maybe you can do some administrative work that had previously been delegated to others.
7. Protect your employees.Remember that safety concerns should extend to both customersand employees. Let your staff know about the measures you’re taking to keep them clean and safe in the workplace. In times of crisis, owners and managers should practice what they preach, because employees look to leaders to set the example.
Workers also appreciate honesty. So, inform them as soon as possible if layoffs are coming, benefits are being scaled back or bonuses won’t be paid this year. When the economy starts turning around, companies will likely continue to face the long-term talent shortages they’ve experienced in recent years. These challenging times present an opportunity to build long-term loyalty among your workers.
8. Monitor your pivot strategy regularly.Don’t rely on gut instinct or quarterly financial statements to monitor your company’s performance. Timely, accurate financial reporting is key during volatile market conditions. Consider producing daily or weekly “flash” reports that highlight what’s working and what’s not — and then take corrective measures. For example, you might need to adjust your pricing, staffing or hours of operation to improve profitability.
Which metrics should be included in your company’s flash report? Keep a close watch on revenue, payroll costs, and sources (and uses) of cash. Your CPA can help determine what other metrics would be most beneficial in your situation.
For example, a restaurant’s flash report might break down revenue by day of the week and compare those numbers to the previous week, the same week in the previous year and the budget. Other important metrics for a restaurant might include average order size, food costs, gross margin and spoilage.
A Brave New World
During the COVID-19 crisis, there’s no universal pivot strategy that will work for every business. Contact your financial, tax and HR advisors to help identify, monitor and seize potential opportunities in your industry.
Many states are beginning to reopen in phases and employees are being called back to work. In general, most states have provisions that require workers receiving unemployment benefits to be actively seeking work, but many states relaxed that requirement due to the coronavirus (COVID-19) pandemic. Some states are now warning unemployment benefit recipients that if their employers are reopening but they refuse to go back to work, they’ll be deemed to have refused work and will be ineligible for unemployment benefits as a result.
Disqualification
State unemployment laws generally disqualify an individual from claiming unemployment benefits if they refuse suitable work. Being called back to work and refusing may fall under this disqualification category.
Here’s some information about how eight states have addressed this issue.
1. Iowa. The Iowa Workforce Development (IWD) announced that businesses should report employees who refuse to go back to work “without good reason,” or who quit their jobs on a IWD website form. Previously, the IWD issued a notice that employees, who were laid off as a result of COVID-19 but who refuse to go back to work when recalled by their employers, will lose unemployment insurance (UI) benefits.
An exception to this loss-of-UI benefit rule applies in some specified cases, such as if an employee or a member of an employee’s household has tested positive for COVID-19 or has childcare or transportation issues related to COVID-19. “Refusing to return to work when recalled for any other reason, or in an attempt to continue to draw unemployment benefits will be considered a ‘voluntary quit’ which would disqualify a claimant from receiving benefits, including the Federal Pandemic Unemployment Compensation benefit of $600/weekly,” the announcement stated.For more information, visit: https://www.iowaworkforcedevelopment.gov/iwd-announces-guidance-unemployment%C2%A0benefits-iowans-who-refuse-return-work-without-good-reason-when
2. Minnesota. In a question on its website, the Minnesota Department of Employment and Economic Development states that if an employer reopens and an employee is able to return to work, the employee must do so. “Refusing to return to work may affect your continued eligibility for unemployment benefits,” the department states.
3. Missouri. Generally, unemployment benefit recipients will be deemed ineligible for benefits if they refuse suitable work. However, the Missouri Department of Labor issued a series of questions and answers explaining when an employee recalled by their employer still qualifies for benefits due to COVID-19. These exceptions include: 1) the worker has tested positive for COVID-19 and is still experiencing symptoms; 2) the worker has recovered but it resulted in medical complications rendering the employee to be unable to perform essential job duties; 3) a member of the worker’s household has been diagnosed with COVID-19; 4) the worker provides care of a member of the household who was diagnosed with COVID-19; 5) the worker doesn’t have childcare due to COVID-19; or 6) the worker doesn’t have transportation due to COVID-19.
However, U.S. Department of Labor’s guidance states that general fear of COVID-19 won’t support continuation of unemployment benefits under regular unemployment or any of the federally funded programs available under the CARES Act. If an employer provides an employee with suitable work, and the employee chooses not to return to work, then unemployment benefits will cease. Employers should report quits or work refusals as soon as possible. For more information, visit: https://labor.mo.gov/coronavirus
4. Oklahoma. During a series of video meetings with businesses, Oklahoma Secretary of Commerce and Workforce Development Sean Kouplen said that workers who are receiving unemployment benefits can lose those funds if they refuse job offers from their former employers as the state reopens. He added that it’s likely a person would have to return to work or lose their unemployment benefits if: 1) the person isn’t considered part of a vulnerable population to COVID-19; 2) the job offered has the same or greater pay; and 3) the business is taking steps to mitigate the spread of the disease at the workplace.
However, Kouplen acknowledged that clarity is needed to adjudicate these decisions and the Oklahoma Employment Security Commission is seeking guidance from the U.S. Department of Labor.
5. South Carolina. The South Carolina Department of Employment and Workforce (SCDEW) posted a notice on its website advising employers that individuals who turn down offers of suitable work aren’t eligible for UI benefits during that week. If an employer has offered an individual a job and he or she refuses it, the employer is advised to report the incident to SCDEW through an on-line portal.
The SCDEW offers a link to an Employer Refusal of Job Offer Guide.
6. Tennessee. Governor Bill Lee issued Executive Order No. 30 that permits some Tennesseans to return to work under certain guidelines. The Tennessee Department of Labor and Workforce Development states on its website that if unemployment benefit recipients fail to return to work when called, or fail to accept suitable work when offered, they’re no longer eligible for unemployment benefits. “Any benefit you collect after refusing work will result in an overpayment and must be paid back,” it adds.
For more information: https://lwdsupport.tn.gov/hc/en-us/articles/360045580014-What-happens-if-I-do-not-return-to-my-job-when-called-or-do-not-accept-suitable-work-when-offered-
7. Texas. The Texas Workforce Commission issued guidance for unemployment claimants. While generally unemployment benefits are denied to recipients who refuse suitable work, as a result of COVID-19, a worker will remain eligible for benefits after refusing to return to work if the worker is: 1) at high risk (such as people 65 years or older); 2) caring for a household member who is at high risk; 3) diagnosed with COVID-19 and hasn’t recovered; 4) caring for a family member with COVID-19 who hasn’t recovered and 14 days haven’t yet passed; 5) is under a 14-day quarantine due to close contact exposure to COVID-19; and 6) caring for a child whose school or daycare is closed and no alternatives are available.
To read the Texas guidance, visit: https://www.twc.texas.gov/jobseekers/unemployment-benefits-services
8. Vermont. On its website, the Vermont Department of Labor reminded unemployment claimants that they’re no longer eligible for UI benefits if their employer recalls them to work and they refuse to return after a temporary furlough related to COVID-19. Here is a question from a benefit recipient, along with the department’s answer:
Q. My employer asked me to come back to work but I do not feel safe going back. Can I not go back to work and keep filing for unemployment?
A. Failure to accept work when you are able and available will disqualify you for unemployment benefits.
This includes employees who refuse to continue employment provided by the Paycheck Protection Program. If an employer has offered work to a temporarily furloughed employee, and the employee has refused to return to work, the employer can file a Fraud Report online at: https://labor.vermont.gov/form/refusal-work-fraud-report
A Changing Environment
The unique circumstances that COVID-19 has brought on have caused guidance from state agencies to change. Check with your payroll and tax advisors for the latest information in your situation.
Businesses across America that have been shut down due to the novel coronavirus (COVID-19) pandemic may now (or soon) have the option to reopen. Since no two businesses are alike — even those in the same industry and location — what makes sense for one company could be a disaster for another. But many questions that business owners are asking could be applicable to all organizations. Here are 10 questions to keep in mind as you decide whether and how to open up.
- How will customers respond if you open your doors now? You can only make an educated guess, but this is perhaps the most crucial question of all. Let’s say you go to a lot of trouble and expense opening up, while assuming financial and health-related risks. If nobody seems to notice, that’s a big problem.
- Can you modify your business model to improve your chances of success when you reopen? As we all know, many restaurants have been able to reopen (or remain open) by going into the carryout business. How might you change your business to accommodate customers whose needs or behaviors are different today? For example, would adding a delivery service be productive? Could you bolster your web presence to increase merchandise sales?
- Should you offer new products and services? The pandemic is sure to change certain customer preferences and increase demand for products or services you could offer. What might they be?
- Will your supply chain be ready to accommodate your needs? If you’re in a retail or manufacturing industry, there’s little point in reopening if you won’t have enough inventory to meet demand.
- Will you need to do special promotions to lure customers back? Holding a “going back into business sale” might work for some enterprises. It may take an ambitious marketing effort to let former and prospective customers know you’re ready to serve them. How can you get through to your former customers?
- What physical changes will you need to make in your business to keep employees and customers safe? Clear Plexiglas barriers are sprouting up in businesses everywhere to impede the spread of COVID-19. So, too, are measures to enforce social distancing, as well as enhanced cleaning services. Are you able to make such workplace adaptations?
- Will your employees feel safe returning to your workplace? Already, some employees who have been asked to return to their former jobsites are balking due to fears of becoming infected. Some, including older workers and those with health conditions that put them at extra risk, may have legitimate concerns. Some of those employees may be forfeiting their jobs in taking that stance if they’re collecting unemployment benefits. And some employees may have legally protected rights to keep their jobs if you can make a “reasonable accommodation” (under the Americans with Disabilities Act) that makes them comfortable to return to work. If you are facing these issues, consult with your employment attorney.
- Are you prepared to accept the risk that employees may contract COVID-19 at work? In terms of legal liability, you might be protected by heeding the advice of the Centers for Disease Control and Prevention and implementing their recommended safety measures, plus your own common sense. Be sure to document your efforts. If after returning to work, someone becomes seriously ill and it appears to be due to an exposure at your workplace, you may need to provide this documentation. Of course, even if you don’t face legal challenges, the predominant concern is the health and safety of your employees.
- What are other businesses, including competitors, doing in your area? If you’re on the fence about whether to reopen, but your competitors are doing just that, you need to consider the risk of a long-term or permanent loss of market share. This assumes that customers are ready to return to the marketplace for your products or services.
- What’s the cost of delay? If you have a lot of ongoing fixed expenses, such as rent, insurance, taxes and borrowing costs, every day you take in zero revenue puts you deeper in the hole. If instead your fixed costs are minimal, the current prospects of a rapid return to your pre-pandemic pace of business are slim, and competitors aren’t nipping at your heels, the cost of holding off on reopening may be small.
Final Thoughts
In the end, the choice you face may not be an all-or-nothing proposition. That is, you can begin to open the doors to your business a crack and wait to see what happens, before ramping up to your pre-pandemic operating capacity. That would certainly be a more prudent approach than staying closed or fully reopening.
The questions from employers continue, as more and more standard employee benefit tasks come due. In a time when the novel coronavirus (COVID-19) has changed so much, employers are unsure what’s due and when. Here’s one question asked by an employer recently.
Q. Our company sponsors several ERISA employee benefit plans (including retirement, health, and other welfare plans) that are required to file Form 5500, “Annual Return/Report of Employee Benefit Plan.” We’ve heard that, due to COVID-19, an extension has been granted for Form 5500 filings — but we’ve also heard that many plans won’t benefit from the extension. Can you help us sort out whether our plans can take advantage of this extension?
A. A limited extension for filing Form 5500 has been granted in connection with the COVID-19 emergency, but it doesn’t extend the deadline for 2019 calendar year plans. Under guidance issued in April 2020, Form 5500 filings that would otherwise be due on or after April 1 and before July 15, 2020, are now due July 15, 2020. The relief, which applies under tax law and ERISA, is automatic — no extension form, letter, or other request needs to be filed. The extension’s application to each of your plans depends on the plan year.
The extension automatically applies to Form 5500 filings for plan years that ended in September, October, or November 2019 because the regular due dates for these filings would be, respectively, April 30, June 1 (because May 31 is a Sunday), and June 30, 2020. These filings are now due July 15, 2020.
An extension beyond July 15, 2020, is still available, using Form 5558, but the 2 1/2 month extension period will be measured from the regular due date rather than July 15. For example, for plan years ending October 31, 2019, Form 5558 could be used to extend the due date to August 17, 2020 (August 15 falls on a Saturday), which is 2 1/2 months after the regular June 1 due date. Ordinarily, Form 5558 must be filed by the regular due date. Due to the automatic extension, filing Form 5558 by July 15, 2020, would appear to be acceptable.
The COVID-19 automatic extension also applies to Form 5500 deadlines that fall within the relief window due to a previously filed extension request. For example, for a plan year that ended June 30, 2019, the regular Form 5500 due date was January 30, 2020, and the extended due date obtained by timely filing Form 5558 was April 15, 2020. That due date is automatically extended to July 15, 2020. No further extension is available by filing another Form 5558.
The due date for 2019 Form 5500 filings for calendar year plans is July 31, 2020 — outside the relief window. Accordingly, the automatic extension doesn’t apply to calendar-year plan filings. Those plans may, of course, obtain a regular extension by timely filing Form 5558.
Contact your employee benefits advisor if you have questions about your situation.
The information contained in this post may not reflect the most current developments, as the subject matter is extremely fluid and constantly changing. Please continue to monitor Yeo & Yeo’s COVID-19 Resource Center for ongoing developments. Readers are also cautioned against taking any action based on information contained herein without first seeking professional advice.
It may seem unfair or inequitable to owe a substantial tax bill on an inheritance that proves to be worthless shortly after it’s received. To correct supposed injustices resulting from extreme fluctuations in market valuation, Congress added the alternative valuation date provision. This intervention was made after the stock market crash of 1929, to provide relief for post-death decreases in the value of estate property.
Congress initially provided for an alternative valuation date one year after the decedent’s death. However, in 1970, Congress amended the alternative valuation date to six months after the decedent’s death, because it changed the deadline for filing estate tax returns from 15 months to nine months.
Recently, a bill, known as the Fair Tax Act of 2019, was introduced in the U.S. House to repeal the estate tax altogether. However, in the midst of the novel coronavirus (COVID-19) crisis, it’s unlikely that proposed legislation has enough support to be enacted any time soon.
Are you seeking a valuation for your business? There’s no one-size-fits-all approach to estimating the short- and long-term financial impacts of the pandemic. Many variables remain unclear in the midst of the crisis. Contact Yeo & Yeo’s valuation professionals to determine what’s appropriate in your situation.
As Carter (see, From Fraud to Pandemic: How Valuators Handle Subsequent Events) demonstrates, the valuation date is a critical decision when valuing a business. It typically coincides with the subject company’s quarterly or annual financial statement date. For that reason, December 31 is a common cutoff for data that’s used to value calendar-year businesses, especially for smaller entities that don’t issue interim statements.
Professionals consider external market conditions on the valuation date when valuing a business. Today, the novel coronavirus (COVID-19) outbreak is a developing crisis that’s having an ongoing effect on many types of businesses. What exactly was “known or knowable” about COVID-19 as of December 31, 2019 (or March 31, 2020)? To answer this question, consider how hypothetical investors would have perceived the situation on the valuation date.
The following timeline provides insight into what public knew on various dates through April:
Timeline of COVID-19-Related Milestones
December 31, 2019 – April 16, 2020
December 31, 2019 |
China reports to the World Health Organization (WHO) that there was an outbreak of pneumonia from December 12 to December 29 in Wuhan, China. |
January 7, 2020 |
The WHO identifies the virus as a novel coronavirus. |
January 21, 2020 |
Officials in Washington state confirm the first case in the United States. |
January 30, 2020 |
The WHO declares the COVID-19 outbreak a public health emergency. |
February 24, 2020 |
U.S. stock markets plunge for the first time over COVID-19-related fears. |
March 6, 2020 |
The number of COVID-19 cases hits 100,000 globally. President Trump signs an $8 billion COVID-related relief package. |
March 11, 2020 |
The COVID-19 outbreak is officially upgraded to a pandemic by the WHO. |
March 13, 2020 |
President Trump declares a national state of emergency. Several U.S. states announce plans to close schools. |
March 15, 2020 |
Guidance from the Centers for Disease Control and Prevention recommends canceling or postponing in-person events of 50 people or more in the United States for the next 8 weeks. |
March 16, 2020 |
President Trump advises Americans to avoid gatherings of 10 or more people, going out to bars and restaurants and discretionary travel. U.S. stocks plunge (again). |
March 18, 2020 |
President Trump signs the Families First Coronavirus Response Act into law, providing COVID-19-related health care treatments and financial relief measures. |
March 27, 2020 |
President Trump signs the Coronavirus Aid, Relief, and Economic Security (CARES) Act, providing individuals and businesses with roughly $2 trillion in financial relief. The federal guidelines on social distancing are extended until April 30. |
April 2, 2020 |
The U.S. Department of Labor (DOL) released new figures that show more than 10 million Americans filed for unemployment benefits in March. |
April 15, 2020 |
The U.S. Department of the Treasury starts issuing Economic Impact Payments. |
April 16, 2019 |
President Trump announces plans for gradually reopening the U.S. economy on a state-by-state basis. |
April 24, 2020 |
President Trump signs the Paycheck Protection Program and Health Care Enhancement Act, providing an additional $484 billion in funding for small business loans and grants, hospitals and COVID-19 testing. |
April 30, 2020 |
The DOL announces that U.S. unemployment filings in the past six weeks have reached 30 million. |
There is universal date for determining when COVID-19 was known or knowable. COVID-19 probably wasn’t on the radar for most U.S. businesses or investors at year end. Notable events for businesses operating in the United States might include January 30 (when the WHO declared COVID-19 a public health emergency, February 24 (when the stock markets first experienced a major decline), March 16 (when Trump issued social distancing guidance), and March 27 (when the federal government passed a massive financial relief package).
It’s important for valuators to evaluate economic conditions within the subject company’s industry and region, too. The pandemic has devastated many industries, such as airlines, hotels, restaurants and specialty retail. But some companies — such as distilleries, delivery services and grocers — are struggling to keep up with surging demand. In addition, some parts of the country have suffered more financial distress from COVID-19 than others — and the timing of the outbreak may vary regionally.
There’s no one-size-fits-all approach to estimating the short- and long-term financial impacts of the pandemic. Many variables remain unclear in the midst of the crisis. Contact Yeo & Yeo’s valuation professionals to determine what’s appropriate in your situation.
Fraud can paralyze a business, large or small. In some cases, a business that falls victim to employee theft can never fully recover. Fraud scams often take years to detect, so they may not have an immediate impact on stock price.
When valuing a business, professionals must put themselves in the shoes of hypothetical buyers and sellers and consider only what was “known or knowable” on the valuation date. In a recent U.S. District Court case, the estate filed a tax return based on the exchange price of bank stock before the company disclosed a devastating fraud scam. After the public disclosure of the incident, the stock became worthless. Here’s why the estate filed a refund claim — and the court denied its claim.
Background
For estate and gift tax purposes, fair market value is defined in IRS Revenue Ruling 59-60 as: “The amount at which the property would change hands between a willing buyer and willing seller, when the former is not under any compulsion to buy, and the latter is not under any compulsion to sell, both parties having reasonable knowledge of relevant facts.”
The fair market value of a decedent’s property may be calculated on either:
- The date of death, or
- An “alternative valuation date,” occurring six months from the decedent’s death.
In general, the most reliable evidence of fair market value of corporate stock is the price paid on an active exchange, such as the New York Stock Exchange. The price reflects what public investors knew on that specific date.
Refund Claim
In Carter, the estate chose the alternative valuation date (March 21, 2008) to value its interest in Colonial BancGroup. The estate argued that the stock was worthless on the valuation date due to a multimillion-dollar “sham mortgage” scheme perpetrated by one of its customers.
In 2013 and 2016, a representative for the estate filed an amended return and sought a refund of allegedly overpaid estate tax. The court denied her claim for various reasons.
Timeline of Events
The following three relevant dates in this case:
- September 21, 2007, the date of death.
- March 21, 2008, the six-month alternative valuation date.
- August 3, 2009, the date that Colonial BancGroup publicly disclosed the fraud incident, causing the stock value to plummet.
The market for Colonial BancGroup didn’t collapse until more than a year after the six-month alternative valuation date. Until the fraud announcement affected the exchange price, the shareholders were unaware of the scam, and it exhibited no effect upon the stock’s fair market value.
Court Decision
When valuing a business, it’s important to differentiate between events that affect value and those that provide an indication of the company’s value.
A third-party buyout that happens a year after the valuation date is an example of an event that provides an indication of what the business is worth. These types of subsequent events might be used to provide evidence of fair market value, assuming that market conditions remain consistent with conditions on the valuation date and the transaction occurs at arm’s length.
However, in general, when a subsequent event affects the stock price, a valuation expert can factor it into his or her analysis only if it was “known or knowable” as of the valuation date. In Carter, the fraud scam adversely affected Colonial BancGroup’s stock price — but not until more than a year after the valuation date. The company’s shareholders were unaware of the fraud and, therefore, didn’t factor it into their investment decisions.
The U.S. District Court for the Northern District of Alabama reasoned that, if the estate had sold the stock on the valuation date, it would have received the market rate for the stock as of that date. Therefore, the stock’s value was correctly reported on the original estate tax return, and the estate wasn’t entitled to a refund.
In Carter, the court concluded that “the fair market valuation method does not include an exception for fraudulent or criminal actions not known to the public, even if those actions lower or destroy the stock’s value.” The court also noted that, while it was “sympathetic” to the estate’s circumstances, it was unwilling invoke its equitable powers to provide relief.
We Can Help
It’s important to disclose to your business valuation expert any subsequent event that may affect value or provide an indication of value. They can determine whether it’s appropriate to factor the event into the valuation analysis. Contact your Yeo & Yeo business valuation advisor for more information.
Carter v. United States, No. 18-cv-01380-HNJ, N.D. Ala. Aug. 9, 2019
When you find yourself in the middle of a crisis, the last thing you are thinking about is your tax situation. However, if you have been impacted by a sudden, unexpected disaster, tax consequences should be on your radar. When you suffer damage or a total loss of your home or personal property from an event that is attributable to a federally declared disaster, you may be able to reduce your taxes in the year the event occurred.
The tax deduction due to a casualty loss, attributable to a federally declared disaster, is claimed as an itemized deduction on Schedule A of your tax return. The loss is calculated based on the lesser of your adjusted basis in the property or the decrease in the fair market value of the property as a result of the casualty. You must reduce the amount of the loss by any insurance or other reimbursement received for the loss. Once the total loss is calculated, there is a $100 reduction to the loss and a second reduction equal to 10 percent of your adjusted gross income in the year of the loss. Contact your Yeo & Yeo tax professional for help with tax planning and assessing if there is a potential for tax savings due to the loss.
If you believe you have incurred a substantial loss and plan to claim the loss on your tax return, you will need to support your claim with documentation. That information will be easier to gather as you assess damages and document the loss in the present-day rather than next year as you pull together all your tax documents. The documentation required to substantiate your loss is similar to the items needed to make an insurance claim. Some examples are photos with a time and date stamp, an itemized list of the items lost along with their purchase price and current value, and paid invoices from contractors or restoration companies.
Being aware of the tax impact and thinking proactively could save you tax dollars and reduce the amount of loss incurred. Planning now could prevent another disaster during tax time.
The USDA’s Coronavirus Food Assistance Program (CFAP) will provide $19 billion in direct relief for agricultural producers, using funding from the Coronavirus Aid, Relief, and Economic Security Act, the Families First Coronavirus Response Act, and other USDA authorities.
Local Farm Service Agency offices will begin accepting CFAP applications on May 26. Details about completing the application are available on the USDA website.
Eligible producers of specified agricultural commodities who have suffered a five percent-or-greater price decline as a result of the COVID-19 pandemic (from mid-January to mid-April), and who face substantial marketing costs for inventories, are eligible for CFAP payments. The marketing costs are associated with lower prices given significant declines in demand, surplus production, or disruptions to shipping patterns and the orderly marketing of commodities.
To be eligible for payments, a person or legal entity must have an average adjusted gross income of less than $900,000 for tax years 2016, 2017, and 2018. However, if 75 percent of their adjusted gross income comes from farming, ranching, or forestry, the AGI limit of $900,000 does not apply.
CFAP is not a loan program, and there is no cost to apply. The application deadline is August 28, 2020. Visit the USDA website for details about eligible commodities, payment calculations, how to apply, payment limits, resources and more. Also, refer to the CFAP Frequently Asked Questions.
Please contact Yeo & Yeo’s Agribusiness Services Group if you need assistance with answering questions on the application.
The information contained in this post may not reflect the most current developments, as the subject matter is extremely fluid and constantly changing. Please continue to monitor Yeo & Yeo’s COVID-19 Resource Center for ongoing developments. Readers are also cautioned against taking any action based on information contained herein without first seeking professional advice.
- Options for borrowers who use a biweekly or more frequent payroll schedule to calculate payroll costs using an “alternative payroll covered period” that aligns with borrowers’ regular payroll cycles.
- Flexibility to include eligible payroll and non-payroll expenses paid or accrued during the 8-week period after receiving their PPP loan. Non-payroll expenses that are incurred during the covered period can be included but must be paid by the next billing cycle.
- Implementation of exemptions from loan forgiveness reduction based on rehiring by June 30.
- Exemption from the loan forgiveness reduction for borrowers who have made a good-faith, written offer to rehire workers that was declined by the workers.
- A list of documents that each borrower must submit with the loan forgiveness application, and documents that borrowers must maintain but do not need to submit.
As the novel coronavirus (COVID-19) spread throughout the country this March and April, many states restricted the movement of residents while allowing those in “essential” businesses to continue working. Generally, construction companies have been deemed essential for this purpose — leaving contractors to grapple with the logistics.
Although nothing is certain at this point, some standard COVID-19 operating procedures have been established by American General Contractors (AGC), one of the construction industry’s leading associations. Here’s an overview of what you can do to keep workers and others safe in the current hazardous environment.
General Policies and Practices
First and foremost, if someone on your job site or in your office — whether a manager, worker or visitor — shows COVID-19 symptoms, that person should be sent home immediately. But hopefully, you won’t have to deal with that situation.
To keep employees safe from infection, they should work at least six feet apart and meetings should be limited to a maximum of ten people. Limit or eliminate many face-to-face meetings by using electronic devices or phones and allow only necessary employees to enter trailers. Also, stagger breaks and lunches to avoid close contact among crew members.
You might also want to consider dividing crews into two groups so that even if one team is required to quarantine, the other team can continue the work. These teams should work separately during the job’s duration. Be sure to use discretion when substituting workers or allowing workers to change teams.
If access to running water onsite is impracticable, provide your crews with alcohol-based hand sanitizers or disinfectant wipes. Workers should use these cleaning products on tools they share. Follow the tool manufacturers’ recommendations for proper cleaning techniques. Finally, encourage workers to wear facial masks. Because N95 respirators are in short supply, try to limit practices that produce heavy dust.
Field Specifics
Those are general outlines for construction work safety during the COVID-19 pandemic. Now let’s dig deeper into specific AGC-recommended practices.
Transportation. Discourage ridesharing to job sites, but if workers must share a vehicle, ensure adequate ventilation. And, if possible, assign crew members to drive the same truck or piece of equipment. Clean the interior thoroughly before switching operators.
Occupied buildings. Homes and other occupied structures present unique challenges. You should discuss and evaluate the risks with the building’s owner before starting the job. Have workers sanitize work areas upon arrival, throughout the day and immediately before they leave for the day. They should also wash or sanitize hands immediately before and after work.
Job site visitors. Allow visitors to the job site only when necessary. Before they enter a work area, ask a series of screening questions:
- Have you tested positive for COVID-19?
- Are you currently experiencing any respiratory illness symptoms such as cough, shortness of breath or fever?
- Have you been in close contact with anyone who has tested positive for COVID-19?
- Have you recently traveled abroad?
- Have you been in close contact with anyone who has recently traveled abroad and is also exhibiting respiratory illness symptoms?
If a visitor answers “yes” to any of these questions, deny him or her access to your site.
Site deliveries. It’s OK to permit deliveries but arrange them so there’s minimal physical contact. For example, have delivery personnel remain in their vehicles while your workers unload the trucks.
Personal protective equipment. Besides providing workers with standard construction safety equipment such as hard hats and goggles, make sure they have personal protection equipment (PPE) to help guard against COVID-19. For example, even if the job doesn’t normally require gloves, distribute latex or other suitable gloves and require workers to wear them at all times on site.
N95 respirators. At this writing, the Centers for Disease Control and Prevention (CDC) hasn’t recommended that healthy people wear N95 respirators to prevent the spread of COVID-19. The CDC has said that employees should wear N95 respirators if a specific job requires it. But because N95 respirators are in high demand by health care workers and may not be easy to source, crews should:
- Wear nonmedical grade masks while working,
- Reduce dust with engineering and work practice controls — specifically, water delivery and dust collection systems.
- Limit exposure time, if possible.
- Protect nonessential workers and bystanders by isolating workers in dusty operations with a containment structure.
- Institute a rigorous maintenance program to reduce general dust levels onsite.
Adaption Is Critical
As the situation evolves, construction firms must adapt, instituting safety measures that protect workers and visitors while sustaining operations. Take the long-term approach to this ongoing pandemic.
The information contained in this post may not reflect the most current developments, as the subject matter is extremely fluid and constantly changing. Please continue to monitor Yeo & Yeo’s COVID-19 Resource Center for ongoing developments. Readers are also cautioned against taking any action based on information contained herein without first seeking professional advice.
Loans of Less Than $2 Million Are Considered Certified in Good Faith
Accounting Today’s annual ranking of the top CPA firms in the country recognized Yeo & Yeo CPAs & Business Consultants as a 2020 regional leader. Based on annual net revenue from 2019, Yeo & Yeo was ranked 16th in the Great Lakes region – which includes Illinois, Indiana, Michigan, Ohio and Wisconsin – and 108th nationally. The publication also recognized Yeo & Yeo among Firms to Watch beyond the top 100.
“We are honored to be continuously recognized as a top-performing firm by one of the industry’s most influential publications,” said Thomas E. Hollerback, President & CEO. “Being recognized by Accounting Today speaks to the commitment our teams make to perform to our highest abilities and provide the highest quality services to our clients.”
The firm has nine offices throughout Michigan and more than 200 employees. Yeo & Yeo’s companies include Yeo & Yeo Technology, Yeo & Yeo Medical Billing & Consulting, and Yeo & Yeo Wealth Management.
Many news outlets reported on Wimbledon’s pandemic insurance policy that is to pay out $141 million on an annual $2 million policy!
During these unfamiliar times, this serves as good reminder that nonprofit organizations should continually evaluate their insurance needs to protect against the unexpected.
A best practice is to review insurance policies and coverages annually with your insurance advisor and pay attention to the nuances of the policies and how they pay out in the event of a claim.
Common policies nonprofits should be evaluating annually include, but are not limited to:
- Cybersecurity – now even more important with increased work-from-home initiatives
- Directors and Officers coverage
- Workers’ compensation
- Employment practices liability
- Property and casualty
- Special event insurance
- Accident insurance for volunteers
- Auto insurance
- Umbrella policy
If you have questions or need assistance, contact your local Yeo & Yeo professional.
As we head into uncharted waters and hope for a semblance of normalcy and routine to come back to our lives, I thought it would be a good idea to revisit some accounting rules and situations you might be dealing with for the first time or in a long time. Some of these are just reminders of what you are currently doing, and others are things you might have placed on a back burner or just plain forgot about. When I think about this section, I think of that song from The Breakfast Club by Simple Minds, “Don’t You Forget About Me.”
Now that you are singing along, let’s get started.
- Extraordinary/Special items – These items are unusual in nature and infrequent, so they could be necessary in some cases where there is a direct impact on the organization.
- Fair Value – With the dramatic changes in the market, many organizations will have significant fluctuations in the market value of investments, retirement plans, Other Post-Employment Benefit Trusts and so on. Especially when the valuation period coincides with an upcoming fiscal year, there will be some impact. Those that are lucky enough to have a year-end that includes part of 2019 should have a little less impact, but it will still be significant.
- Going Concern – The financial health of your organization will need to be evaluated. It is better to do it before your auditors start asking you about it. Many of you have already done this in preparation for communications with your boards, employees, and communities. If your organization was struggling before the pandemic, it isn’t likely going to be better anytime soon. Your auditors will evaluate this in both the planning and completion stages of the audit.
- Expense/Expenditure Recognition – If part of your plan for cash flow is to delay payments or skip payments, remember there are rules in place for those payments on the full accrual method of accounting and the modified accrual basis of accounting.
- Uncollectable Accounts – Many of our citizens and customers will be facing cash flow challenges and, sadly, many businesses will not ever reopen. Also, Executive Orders have forced governmental entities to turn on water that was shut off for nonpayment, creating more concerns for local providers of water to the public.
- Violations of Debt/Payment Covenants – When these situations arise, make sure you review all your information to verify that you have everything you need before making this decision. Failing to make a payment will not impact your financial statements but will require additional disclosures and potential penalties from the lending institutions.
- Sale or Pledging Current or Future Receivables – Some may have done this for cash flow reasons, and I am thinking people are looking under every stone when they are struggling. If you are considering this, please make sure to research it in advance.
- Capital Asset Impairment – Vacant facilities, partial construction or renovation, and new closures will need to be evaluated for fair value and reviewed for impairment.
- Debt Restructuring – Interest rates are low and, if opportunities arise, this might be a time to review this and the rules related to scheduling out your payments. This is an area that could be challenging in the coming years.
- Subsequent Events – Almost every set of financial statements being issued right now will likely have some sort of subsequent event note for the pandemic. This will be more detailed as we fully understand the long-term impact this will have on our state and local governments as well as our school districts.
- Management’s Discussion and Analysis – Make sure that you are not just updating information and rolling this forward as there will likely be drastic changes in comparable information. This is your opportunity to speak on the issue through the financial statements as it relates to the current year and future budgets.
Certainly, other things can be considered, and every community has their own situations and challenges. Rest assured, we are here to help you any way we can. Please reach out to any of your Yeo & Yeo professionals – we would love to talk with you about anything, not just the items on this list. Thank you and we look forward to seeing you again soon!
Imagine this scenario: A company’s controller is hospitalized for the novel coronavirus (COVID-19), and she’s the only person inside the company who knows how its accounting and payroll software works. She also is the only person with check signing authority, besides the owner, who is in lockdown at his second home out of state. Meanwhile, payroll needs to be processed soon and unpaid bills are piling up.
Of course the health of the controller is what’s most important, but this situation also highlights the importance of cross-training your staff to handle critical tasks. Doing so offers numerous benefits that generally outweigh the investment in the time it takes to get employees up to speed.
Why cross-train?
Whether due to illness, resignation, vacation or family leave, accounting personnel may sometimes be unavailable to perform their job duties. The most obvious benefit to cross-training is having a knowledgeable, flexible staff who can rise to the occasion when a staff member is out.
Another benefit is that cross-training nurtures a team-oriented environment. If a staff member has a vested interest in the jobs of others, he or she likely will better understand the department’s overall business processes — and this, ultimately, both improves productivity and encourages collaboration.
Cross-training also facilitates internal promotions because employees will already know the challenges of, and skills needed for, an open position. In addition, cross-trained employees are generally better-rounded and feel more useful.
Additionally, the accounting department is at high risk for fraud, especially payment tampering and billing scams, according to the 2020 Report to the Nations by the Association of Certified Fraud Examiners (ACFE). If employees are familiar with each other’s duties and take over when a co-worker calls in sick or takes vacation, it creates a system of checks and balances that may help deter dishonest behaviors. Cross-training, plus mandatory vacation policies and regular job rotation, equals strong internal controls in the accounting department.
How to cross-train?
The best way to cross-train is usually to have employees take turns at each other’s jobs. The learning itself need not be overly in-depth. Just knowing the basic, everyday duties of a co-worker’s position can help tremendously in the event of a lengthy or unexpected absence.
Whether personnel switch duties for one day or one week, they’ll be better prepared to take over important responsibilities when the time arises. Also, encourage your CFO and controller to informally “reverse-train” within the department. This will prepare them to fill in or train others in the event of an unexpected employee loss or absence.
When to start?
Regardless of when your accounting team returns to the office, get started with cross-training now — much training can be done virtually if necessary. Then make it an ongoing process. We can help you cross-train your accounting personnel to minimize business interruptions and deter fraud, along with implementing other internal control procedures.
The information contained in this post may not reflect the most current developments, as the subject matter is extremely fluid and constantly changing. Please continue to monitor Yeo & Yeo’s COVID-19 Resource Center for ongoing developments. Readers are also cautioned against taking any action based on information contained herein without first seeking professional advice.
© 2020
The United States-Mexico-Canada Agreement (USMCA) will take effect on July 1, 2020. President Trump has hailed the new North American trade treaty as a “colossal victory” for Americans. Whether the impact is worthy of superlatives will vary by industry sector and geography. Here’s what U.S. business owners should know.
Overview
When the Canadian parliament ratified the USMCA in mid-February, the clock began ticking for the parties to iron out the details. At the time, auto manufacturers — a sector that will be significantly affected by the USCMA — complained that they might not be able to comply by July 1.
The effects of the USMCA will be far-reaching. It updates the North American Free Trade Agreement (NAFTA), which has been in effect for 26 years.
Highlights from the new trade agreement can be divided into the following three categories:
1. Rules for Manufactured Goods
Automakers are especially concerned about complying with the USMCA provision that requires them to increase the proportion of auto parts in a vehicle made in the three countries covered by the treaty — from 62.5% under NAFTA to 75% by 2023. Vehicles that fail to meet the gradually increasing standard will incur a tariff when they’re sold across the borders of the United States, Mexico and Canada.
This provision aims to reduce the parts coming from China and other locations outside of North America. Will this rule increase demand for American-made parts? It depends on whether U.S. manufacturers can make auto parts formerly sourced outside of North America more competitively than parts makers in Mexico and Canada.
Another USMCA provision could help in that regard: It requires that 40% to 45% of auto content be made by workers earning an hourly wage of at least $16. That provision could lead to higher wages for workers in auto parts factories in Mexico — and it could also make U.S. auto parts more competitive in term of costs than under NAFTA.
U.S. auto industry executives, while optimistic about USMCA’s ultimate impact, anticipate higher costs for certain parts. A recent survey of those executives reveals that U.S. auto parts makers located closest to auto assembly plants are expected to benefit the most from the USMCA.
Beyond the auto sector, USMCA provisions intended to support labor unions in Mexico could ultimately push up costs for other goods made in Mexico. This could also help make American-made goods more competitive in terms of cost. According to a summary of the Agreement by the U.S. Trade Representative (USTR), “Mexico commits to specific legislative actions to provide for the legal recognition of the right to collective bargaining.” A related provision creates a “rapid response mechanism” that provides for “monitoring and expedited enforcement of labor rights to ensure effective implementation of Mexico’s landmark labor reform.”
The agreement also will facilitate agricultural trade in North America. For example, the United States, Mexico and Canada have agreed to provisions to enhance information exchange and cooperation on agricultural biotechnology trade-related matters.
In addition, the agreement will provide greater access to Canadian markets for U.S. farmers who produce such products as dairy, eggs, poultry, wheat and wine. In return, Canadian exporters of dairy and sugar will have greater access to U.S. markets. In total, American agricultural exports are expected to increase by $2.2 billion under the USMCA.
2. Rules for Intellectual Property (IP)
The USMCA strengthens IP protections by blocking the production of inexpensive knock-off products. The agreement, according to the USTR, will “provide strong patent protection for innovators, enshrining patentability standards and patent office best practices to ensure that U.S. innovators, including small- and medium-sized businesses, are able to protect their inventions with patents.” Along similar lines, it will “enhance provisions for protecting trademarks … to help companies that have invested effort and resources into establishing goodwill for their brand.”
The USMCA also provides new protections, such as customs duties and other measures, for products distributed digitally. These protections are expected to increase trade and investment in innovative digital products — such as videos, software, music, e-books and games — where U.S. manufacturers generally have a competitive advantage.
3. Small Business Provisions
Small business owners may be interested in a USMCA provision that adjusts the “de minimis shipping value level” for goods entering Canada. When a good’s value is below that minimum amount, they can move across the border with “minimal formal entry procedures.” Under the agreement, shipments worth up to $150 Canadian won’t be assessed duties otherwise eliminated under the treaty. The de minimis shipping value is $40 Canadian for basic taxation purposes.
“New traders just entering Mexico’s and Canada’s markets will also benefit from lower costs to reach consumers,” and U.S. express delivery carriers “stand to benefit through lower costs and improved efficiency,” according to the USTR. Specifically, a new and higher $2,500 value threshold is set for that purpose.
The USMCA includes a full chapter dedicated to smaller businesses. It’s designed to “promote cooperation … to increase trade and investment opportunities,” according to the Small Business Administration.
We Can Help
Contact your CPA to discuss how the new agreement could affect your supply chain. In some cases, changes may be warranted to comply with the USMCA and take advantage of new opportunities.
The coronavirus (COVID-19) pandemic has forced American businesses to adapt quickly to a radically new economic and operating landscape. If your company sells, manufactures, delivers, distributes or otherwise facilitates goods considered “essential” you may need to operate at full (or overtime) capacity. On the other hand, manufacturers whose goods aren’t deemed essential may be forced to idle their machines and close their doors indefinitely. (In many cases, state guidelines specify which businesses are essential and which ones aren’t.)
Both situations are challenging. But if you’re up and operating, here are four considerations to help you do so safely and productively:
1. Keep Workers Safe
The health and safety of workers has always been a priority for manufacturers. Now you must contend with the threat of COVID-19. If some of your employees can work from home, enable them to do so successfully by ensuring they have the technology and other resources they need. Even as states “open for business” again, consider keeping remote workers at home, if possible, until COVID-19 treatments or a vaccine are available.
For workers who must be on-site, consider scheduling skeleton crews in shifts and try to keep the same workers on individual crews to limit potential exposure. Also limit the number of managers working at any one time in production areas. Even if you normally operate nine to five, the transition to 24-hour operations may be easier than you think. Exercising flexibility helps lower the risk that the virus might spread. And if an employee does become sick, fewer coworkers will be required to self-quarantine.
Positive cases of COVID-19 exposure should be treated seriously. In addition to quarantining workers, you must thoroughly clean all production and office areas before allowing operations to resume.
2. Embrace Innovation
Doing things the way you always have may not be the best course right now. Instead, be ready to adapt and innovate whenever the situation calls for a different approach. For example, most manufacturing workers don’t work from home. But 3D printers may make it possible for some employees to produce goods while social distancing.
Or consider how your company might repurpose goods to meet new demands. As has been well-publicized, some companies are redeploying resources to produce ventilators and other needed medical equipment. In many cases, manufacturers may find it relatively easy to pivot to new production modes and goals. For instance, some distilleries are converting alcoholic beverages into disinfectants. Paper producers might ramp up production to meet increased demand for shipping boxes. And manufacturers already producing cardboard could redesign templates to make more “to-go” boxes for restaurants that have been forced to close dining areas.
Be sure you heed federal and state government mandates. Some companies may be asked to modify their operations so they can produce in-demand medical or cleaning products. Even if you aren’t required to change your operations, look for opportunities to address the current situation. Slight alterations could mean the difference between your products being deemed essential vs. non-essential. If you’re a link in an important supply chain, you may be able to make the case for continuing operations.
3. Plan for Financial Challenges
Your factory may be busy now, but there’s no guarantee that will be true in a few months. The financial ramifications of COVID-19 could be long-lived — and dire — for many businesses. Plan so that work slow-downs don’t sneak up on you.
Federal and state authorities have introduced various tax breaks, particularly for companies that keep workers on the payroll. The Families First Coronavirus Response Act made certain employers eligible for tax credits so long as they provide paid sick leave to COVID-19-positive employees or workers who have to stay home to care for sick family members.
The subsequent Coronavirus Aid, Relief, and Economic Security (CARES) Act authorized several provisions, including:
- Delays for payroll tax obligations,
- An employee retention credit,
- Favorable tax provisions for businesses incurring losses, and
- Expanded unemployment benefits for workers.
The CARES Act also launched the massive Paycheck Protection Program (PPP) that offers qualified businesses forgivable loans and other forms of relief for keeping employees on the payroll. After the available money ran out, Congress approved a second round of funding for the PPP in late April.
State and local support levels vary depending on the municipality. For example, your state may have removed some restrictions for businesses producing essential products.
4. Get Professional Advice
Your manufacturing management team doesn’t have to tackle the many challenges of the COVID-19 crisis alone. We have up-to-date information on federal and state benefits available to manufacturers. And we can help you navigate the lending landscape. For example, we can help identify appropriate lenders and prepare the calculations and statements required to apply for PPP loans. Don’t hesitate to contact Yeo & Yeo’s manufacturing advisors.
The information contained in this post may not reflect the most current developments, as the subject matter is extremely fluid and constantly changing. Please continue to monitor Yeo & Yeo’s COVID-19 Resource Center for ongoing developments. Readers are also cautioned against taking any action based on information contained herein without first seeking professional advice.