During this unprecedented time in history, this informational daily newsletter is made possible by your valuable membership. Membership matters!
Friday, April 3, 2020
We are privileged.

We are privileged that "construction or maintenance of residential, commercial, or governmental structures, including but not limited to plumbers, electricians, exterminators, cleaning and janitorial staff, security staff, operating engineers, HVAC, painting, landscaping, moving and relocation services, necessary for sustain the safety, sanitation and operation of structures may remain open."

This privilege comes with a BIG responsibility.

As a business that may remain operational, you MUST adhere to the following CDC requirements:

  1. Ensure physical separation of employees and customers by at least 6 ft. when possible
  2. Ensure employees practice appropriate hygiene measures including regular, thorough hand washing or access to hand sanitizer
  3. Regular cleaning and disinfecting of frequently touched objects and surfaces
  4. Permitting employees to work from home when feasible
  5. Identifying any sick employees and ask them to leave the premises
  6. Post signage forbidding sick persons onto the job site (a sample may be found here)
  7. Make sure you are following the following HBA Safety Guidelines:

You should also:

  1. Institute practices that screen employees for illness by taking their temperature or asking them to complete a questionnaire
  2. Limit the number of people on the site and stagger the sub-contractor schedule to ensure a safe social distance for everyone on the site
  3. Limit ride sharing to/from work
  4. Prohibit sharing of tools on a job site. If tools must be shared, clean them between use

Again - you MUST adhere to the CDC requirements. If we, as an industry do not adhere to these requirements we may lose the privilege to operate. It has already happened in states like New York and Pennsylvania.

If you see our industry partners not adhering to these requirements, please urge them to do so. Immediately.

If you are uncomfortable asking them to do so, please contact me and I will reach out to them.

Be safe out there,


Juva

Juva Barber
BIA of Greater Louisville
502 458 0032 - mobile
BIA Educational Zoom Meeting | Presented by Frost Brown Todd
CARES Act Update

Please use the links below to download the webinar from today's Zoom Meeting:

Attachments available until May 3, 2020
Click to Download audio_only.m4a 28 MB
Click to Download chat.txt 1 KB
Click to Download playback.m3u 112 bytes
Click to Download zoom_0.mp4
SBA Implementation of Paycheck Protection Program (PPP)
Via Frost Brown Todd

Late last night the SBA issued an interim final rule on the implementation of the PPP loans and new applications for the PPP loans (download below).

With the guidance being issued hours before the PPP opened at midnight many banks are telling customers that they may not be ready to accept applications. Anyone who has submitted the old application will need to complete this new application. 

Companies need to reach out to their lenders right away for an update.
 
Some highlights in the draft regulations:
  • The number of employees used to calculate whether the company falls under the size requirement and payroll costs is limited to employees who have their principal place of residence in the United States. 
  • The SBA intends to promptly issue additional guidance with regard to the applicability of the affiliation rules. We do not know what this means for companies that may have been previously excluded because of the broad nature of the affiliation rules.
  • A calculation of the monthly payroll costs is included with examples. Compensation excludes compensation of employees whose principal residence is outside the U.S.  The exclusion for federal payroll taxes from the definition of “payroll costs” is only for amounts imposed or withheld between February 15, 2020 and June 30, 2020.
  • Independent contractors do not count as employees for purposes of the PPP loan calculations because they have the ability to apply for a PPP loan on their own.
  • Interest rate is 1%.
  • The PPP is first-come, first-served.
  • Deferment is for 6 months.
  • No more than 25% of the loan forgiveness amount may be used for non-payroll costs. The SBA is supposed to issue additional guidance on loan forgiveness. 
  • At least 75% of the PPP loan proceeds SHALL be used for payroll costs (including any EIDL loan that is refinanced). This is a new requirement and is important for businesses who need the money to pay interest on mortgage, rent, and utilities. If the funds are used for unauthorized purposes SBA will direct the borrower to repay those amounts. Knowingly using the funds for unauthorized purposes will subject the borrower and its shareholders, members or partners to additional liability such as charges for fraud. SBA will have recourse against the shareholder, member, or partner for unauthorized use.
  • Loan proceeds may only be used to pay interest on mortgage and other debt, not principal.
Some differences in the new borrower application:
  • No. of Jobs is now Number of Employees. This suggests applicants should enter the number of employees used to determine size eligibility and payroll costs.
  • Question 3 was the affiliation question. Rather than listing all “affiliates” it asks if the applicant or any owner of the applicant is the owner of another business or has common management with any other business. The SBA says that it intends to promptly issue additional guidance with regard to the applicability of the affiliation rules.
  • Question 5 is limited to an applicant who is an individual or an individual owning 20% or more of the equity of the the applicant
  • Question 6 applies to an applicant who is an individual and any owner of the applicant (which could be an entity and there is no limit on the amount of equity).
  • New question 7 asks whether all employees included in the payroll calculations have US as their principal place of residence.
  • New question 8 asks if the applicant is a franchise listed in the SBA franchise directory.
  • The certifications and authorizations on page 2 require the applicant to certify it is eligible to receive the loan, among other things. The applicant needs to review the certifications and feel comfortable making them given the potential liability for knowingly making a false statement.
  • The application now requires only an authorized representative of the applicant to certify in good faith by initialing next to the certifications. This takes away the requirement to have initials from all 20% or more owners.
The lender application has been shortened. It no longer places the burden on the lender to confirm the borrower is eligible, including the calculation of the size of any affiliates under the affiliation rules. The lender has to confirm receipt of the borrower certifications in the attached application, confirm the dollar amount of the average monthly payroll costs by reviewing the payroll documentation and follow applicable Bank Secrecy Act requirements. A lender does not have to verify the accuracy of the information provided by the borrower to receive loan forgiveness. A lender may request that the SBA purchase the expected forgiveness amount of the PPP loan or a pool of PPP loans at the end of week 7 of the covered period.
COVID -19 Economic Injury Disaster Loans and Loan Advance
Source SBA

In response to the Coronavirus (COVID-19) pandemic, small business owners in all U.S. states, Washington D.C., and territories are eligible to apply for an Economic Injury Disaster Loan advance of up to $10,000.

The SBA’s Economic Injury Disaster Loan program provides small businesses with working capital loans of up to $2 million that can provide vital economic support to small businesses to help overcome the temporary loss of revenue they are experiencing. The loan advance will provide economic relief to businesses that are currently experiencing a temporary loss of revenue. Funds will be made available within three days of a successful application, and this loan advance will not have to be repaid.

To apply for a COVID-19 Economic Injury Disaster Loan,  click here.
BIA CONTINUING EDUCATION ONLINE
Via Zoom

Topic: Guidelines for Quality Concrete
Date: Thursday, April 9, 2020
Time: 9 am - 12 Noon
Cost: $60.00 for Members | $120 for Non-Members
Register here:

Once registered you will receive the login details to participate in the class.

Any questions please contact Natalie Allison at Natalie@bialouisville.com
BOZA VIRTUAL MEETING
April 6, 2020 Board of Zoning Adjustment Agenda


Date: Monday, April 6, 2020
Time: 1:00 PM Online Via Webex
Click on the following for Agenda and Meeting Instructions: BOZA_MeetingAgenda_040620.pdf
NAHB CARES Act Webinar Series

Read more about the webinars and register below.

Small Business Loans Webinar
NAHB staff experts will be reviewing the programs established by the CARES Act to help small businesses; the Small Business Administration programs available for home builders; how to apply for and navigate these new lending programs, including the eligible business purposes for these loans. Each small business webinar listed below will have the same content, so please select the one that best fits your schedule.

Tax Relief Webinar
The CARES Act created new federal tax relief for businesses of all sizes. NAHB staff experts will explore how these tax provisions interact with other CARES Act provisions; how they can help retain employees; and can help to keep money in your business’ pocket during this time of uncertainty. Each tax relief webinar listed below will have the same content, so please select the one that best fits your schedule.

There is limited capacity for these sessions, so be sure to register early. If the session you want to attend is full, the recordings will be available after the conclusion of the series.

Employee Rights

The Families First Coronavirus Response Act (FFCRA or Act) requires certain employers to provide employees with paid sick leave or expanded family and medical leave for specified reasons related to COVID-19. The Department of Labor’s (Department) Wage and Hour Division (WHD) administers and enforces the new law’s paid leave requirements. These provisions will apply from the effective date through December 31, 2020.
Generally, the Act provides that employees of covered employers are eligible for:

  • Two weeks (up to 80 hours) of paid sick leave at the employee’s regular rate of pay where the employee is unable to work because the employee is quarantined (pursuant to Federal, State, or local government order or advice of a health care provider), and/or experiencing COVID-19 symptoms and seeking a medical diagnosis; or
  • Two weeks (up to 80 hours) of paid sick leave at two-thirds the employee’s regular rate of pay because the employee is unable to work because of a bona fide need to care for an individual subject to quarantine (pursuant to Federal, State, or local government order or advice of a health care provider), or to care for a child (under 18 years of age) whose school or child care provider is closed or unavailable for reasons related to COVID-19, and/or the employee is experiencing a substantially similar condition as specified by the Secretary of Health and Human Services, in consultation with the Secretaries of the Treasury and Labor; and
  • Up to an additional 10 weeks of paid expanded family and medical leave at two-thirds the employee’s regular rate of pay where an employee, who has been employed for at least 30 calendar days, is unable to work due to a bona fide need for leave to care for a child whose school or child care provider is closed or unavailable for reasons related to COVID-19.

Covered Employers: The paid sick leave and expanded family and medical leave provisions of the FFCRA apply to certain public employers, and private employers with fewer than 500 employees.[1] Most employees of the federal government are covered by Title II of the Family and Medical Leave Act, which was not amended by this Act, and are therefore not covered by the expanded family and medical leave provisions of the FFCRA. However, federal employees covered by Title II of the Family and Medical Leave Act are covered by the paid sick leave provision. 

Small businesses with fewer than 50 employees may qualify for exemption from the requirement to provide leave due to school closings or child care unavailability if the leave requirements would jeopardize the viability of the business as a going concern.

Eligible Employees: All employees of covered employers are eligible for two weeks of paid sick time for specified reasons related to COVID-19. Employees employed for at least 30 days are eligible for up to an additional 10 weeks of paid family leave to care for a child under certain circumstances related to COVID-19.[2]
Notice: Where leave is foreseeable, an employee should provide notice of leave to the employer as is practicable. After the first workday of paid sick time, an employer may require employees to follow reasonable notice procedures in order to continue receiving paid sick time.

Qualifying Reasons for Leave:

Under the FFCRA, an employee qualifies for paid sick time if the employee is unable to work (or unable to telework) due to a need for leave because the employee:

  1. is subject to a Federal, State, or local quarantine or isolation order related to COVID-19;
  2. has been advised by a health care provider to self-quarantine related to COVID-19;
  3. is experiencing COVID-19 symptoms and is seeking a medical diagnosis;
  4. is caring for an individual subject to an order described in (1) or self-quarantine as described in (2);
  5. is caring for a child whose school or place of care is closed (or child care provider is unavailable) for reasons related to COVID-19; or
  6. is experiencing any other substantially-similar condition specified by the Secretary of Health and Human Services, in consultation with the Secretaries of Labor and Treasury.

Under the FFCRA, an employee qualifies for expanded family leave if the employee is caring for a child whose school or place of care is closed (or child care provider is unavailable) for reasons related to COVID-19.

Duration of Leave:

For reasons (1)-(4) and (6): A full-time employee is eligible for 80 hours of leave, and a part-time employee is eligible for the number of hours of leave that the employee works on average over a two-week period.

For reason (5): A full-time employee is eligible for up to 12 weeks of leave (two weeks of paid sick leave followed by up to 10 weeks of paid expanded family & medical leave) at 40 hours a week, and a part-time employee is eligible for leave for the number of hours that the employee is normally scheduled to work over that period.

Calculation of Pay:[3]

For leave reasons (1), (2), or (3): employees taking leave are entitled to pay at either their regular rate or the applicable minimum wage, whichever is higher, up to $511 per day and $5,110 in the aggregate (over a 2-week period).

For leave reasons (4) or (6): employees taking leave are entitled to pay at 2/3 their regular rate or 2/3 the applicable minimum wage, whichever is higher, up to $200 per day and $2,000 in the aggregate (over a 2-week period).

For leave reason (5): employees taking leave are entitled to pay at 2/3 their regular rate or 2/3 the applicable minimum wage, whichever is higher, up to $200 per day and $12,000 in the aggregate (over a 12-week period). [4]

[1] Certain provisions may not apply to certain employers with fewer than 50 employees. See Department FFCRA regulations (expected April 2020).
[2] Under the Act, special rules apply for Health Care Providers and Emergency Responders.
[3] Paid sick time provided under this Act does not carryover from one year to the next. Employees are not entitled to reimbursement for unused leave upon termination, resignation, retirement, or other separation from employment.
[4] An employee may elect to substitute any accrued vacation leave, personal leave, or medical or sick leave for the first two weeks of partial paid leave under this section.

TEMPLATES and LINKS

Families First Coronavirus Response Act (FFCRA)


Covid-19 Basic Infection Prevention Measures:
  • NAHB Jobsite Poster: Here

Essential Business Letters - Covid-19:
  • Kentucky Essential Editable Business Letter: Here
  • Indiana Essential Editable Business Letter: Here

New Construction During Covid-19 Signage
  • Poster to be put into home during New Construction Side by Side English Spanish: Here

STOP! DO NOT ENTER IF SICK signage:
BIA Membership Committee | Zoom Meeting

Date: Tuesday, April 7, 2020
Time: 11:00 am Eastern Time (US and Canada)

Click the link below to join the Scheduled Zoom Meeting

Meeting ID: 609 298 649

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Meeting ID: 609 298 649
BIA Committee Meetings:

  • Land Development | April 8th Cancelled
  • Membership Committee | April 7th | 11:00 am - Zoom Meeting (see above)
  • New Member Orientation | April 7th - Cancelled
BIA Scheduled Events:

  • May Member Networking Event U of L Baseball Game Cancelled
  • Jeptha Creed Member/Guest Mixer - Postponed
  • BICF Day of Service Postponed
  • BIA Day at the Downs - Postponed | New Date, Wednesday, September 2, 2020
  • Tour of New Homes - Cancelled
Watch Governor Beasher's Daily COVID-19 Live Updates and Past Updates

Facebook Live from the Governor's Facbook page: https://www.facebook.com/GovAndyBeshear/

Watch Mayor Greg Fischer's Daily COVID-19 Live Updates and Past Updates

Facebook Live from the Mayor's Facebook page: https://www.facebook.com/MayorGregFischer/
Continue to check our BIA COVID-19 FAQ page on our website for a quick reference to some of your questions. We will continue to update this information: https://bialouisville.com/faq-covid-19/
If you aren't already, please make sure you are following our social media platforms below:
Staff Email Addresses:
As a reminder, our office will remain closed and staff will be working remotely until further notice. We will continue to assess the situation and follow recommendations from the CDC, the Governor’s office, the Kentucky Department of Health, as well as the Mayor’s office and Louisville Metro Department of Public Health & Wellness.
Juva Barber: juva@bialouisville.com
Natalie Allison:  natalie@bialouisville.com
Jan Andrews:  jan@bialouisville.com
Rachael Armstrong:   rachael@bialouisville.com
Rachel Colangelo:  rachel@bialouisville.com
Robin Durham:  robin@bialouisville.com
Katie Haller:   katie@bialouisville.com
Stephenie Hood:  stephenie@bialouisville.com