Below are five points of focus for Maiello Brungo & Maiello this week:

Updated April 20, 2020

Mask Requirement.  All employees for essential businesses must now wear masks whether the business is open to the public or not.  If an employee cannot wear a mask as a result of an underlying medical condition, the employee must provide medical documentation identifying the condition and requesting an accommodation.

Paychecks Protection Program (“PPP”).  If PPP Loan $$ has been received the 8 week spend period has begun.  Confirm your Forgiveness status upon the completion of your 1st pay period.  Qualified expenditures and Full Time Equivalent Employee (“FTE”) should be calculated.  Discover issues now, not when applying for forgiveness.

Qualified Payroll Cost Impacted.  If an Eligible Employer receives tax credits for FFCRA qualified leave wages, those wages are not eligible as “payroll costs” for CARES Act Section 1106 loan forgiveness.

Intermittent Leave under FFCRA.  Typically, an employee may not take FFCRA FMLA leave on an intermittent basis absent an agreement with the employer.  Employers and employees may agree to the intermittent use of FFCRA leave in connection with COVID-19 related childcare responsibilities or teleworking impacted by qualifying COVID-19 reasons such that they can work only a portion of their regular worktime. MBM can prepare Leave Request forms that comply with FFCRA.

Insurance.  Policyholders must notify their insurers and/or submit their claims shortly after an occurrence.  Policies have a very short windows for submitting claims. The failure to notify an insurer or submit a claim within these time frames can result in a waiver take action now, in order to preserve your potential business interruption claim.


John H. Prorok
John Prorok

John Prorok possesses an invaluable understanding of privately held business owners’ needs in business planning, corporate formation, and transactions. He frequently speaks and counsels emerging and start‐up enterprises, offering insightful legal strategies toward success.