Dear Benchmarks' Members, 

We are sharing with you the latest information from today related to guidance, information and resources for your consideration.

Take care of each other and stay safe and healthy!

The Benchmarks' Team

Benchmarks' Child Welfare Providers

Benchmarks will holding weekly webinars/conference calls for our child welfare service providers, beginning next Thursday, April 2, 2020, at 8:00 am.  

We will be joined by DSS staff, Linda Waite and Lisa Cauley, to share issues and concerns and work together to craft solutions.  Stay tuned for the log-in/call-in information, invite and more details!

House Select Committee on COVID-19
Economic Support Working Group

This working group met today to work towards plans to best support the people and businesses of North Carolina.  Of note, we are waiting for the President to sign a declaration of employment emergency in order for people who are self-employed or are independent contractors to qualify for the additional benefits being proposed at the federal level.

Documents from the meeting include:

Unemployment COVID-19 Information
 
The North Carolina Division of Employment Security is providing the following guidance to help people understand the impacts of the COVID-19 coronavirus on unemployment insurance benefits. This page will be updated as more information becomes available.
Filing for Unemployment Benefits
The fastest and most efficient way to file a new claim is to create an online account and file online at des.nc.gov.  
If you're temporarily out of work or your working hours have been reduced due to COVID-19, choose 'coronavirus' as your reason for separation when filing your claim.

Remember, you must complete a Weekly Certification each week to receive benefits for that week. Sign into your online account to complete your Weekly Certification.

Eligibility, the exact amount of benefits and the duration period of those benefits cannot be determined until after you file your claim.
After you file your claim, your last employer is given, by law, 10 days to respond to DES about your claim. No payment will be released until after this 10-day period.

If there are no issues with a claim, individuals typically receive payment within about 14 days of filing their initial claim.

Families First Coronavirus Response Act Summarized by Benchmarks' Payroll Partners

We created an informative publication that explains the FFCRA requirements and stipulations - and we've done so on one page! Please also note DOL's decision last night to adjust the Emergency Sick/FMLA effective date to April 1st. Originally it was published as April 2nd. Hence, any sick time taken prior to April 1st would not qualify for FFCRA Emergency pay. Please access our publication as follows:
One additional reminder to everyone....if you decide to "lay off" certain employees, do so in writing. This will allow the employee to successfully file for unemployment benefits. Additionally, it removes the employer from any associations or obligations to FFCRA for that individual. The reason being you have severed the employer/employee relationship. We only mention this because we felt we needed to provide clarification on this point.

Webinar on COVID-19: An Employer's Legal Guide 
to Planning, Response, and Mitigation
Date: March 26, 2020  |  Time: 10:00-10:30 a.m. EDT



The COVID-19 pandemic has triggered dramatic legislative and regulatory action, which has upended the status quo for employers across the country.  Employers in the health care industry are faced with unique challenges in this new landscape.  Our team is prepared to help health care providers, vendors, and other entities understand and adapt to their obligations as employers with the least amount of stress and uncertainty possible. 

This webinar will cover the following topics for health care employers: 

  • The Families First Coronavirus Response Act
    • FMLA Expansion Leave
    • Emergency Paid Sick Leave
    • The "health care provider" exception
  • DOL guidance on wage payment and leave issues
  • CDC guidance for businesses and employers 

Webinar Recording: Register for the webinar even if you can't attend live. We will send you the recording to view later. 


 

Who Should Attend: Suggested attendees are professionals in the Health Care Industry including C-suite leaders, in-house counsel, human resource directors and managers, and talent acquisition officers.


 

Confirmation: After registering, you will receive a confirmation email containing information about joining the webinar.


Tax News: Coronavirus Edition
With the growing spread of the Coronavirus (COVID-19) in recent weeks, many government agencies have taken steps to mitigate the impact on individuals and businesses. At The National Law Review, we're dedicated to making all of the latest legal news around this global health crisis available to tax professionals.  You can access Coronavirus-related updates on our Coronavirus News page updated hourly. 
 
Hourly and around the clock, the National Law Review's editors screen and classify breaking tax law news and analysis authored by recognized legal professionals and our own journalists. 
 
In house attorneys looking for a better way to organize, vet and easily retrieve legal news created the   National Law Review on-line edition.

There is no log in to access the database and new articles are added hourly.

What a week it's been.  As of today, March 21, it has been three days since Congress passed the Families First Coronavirus Response Act (FFCRA or the Act) and it was signed into law.  

It's also been three days during which employers have faced dwindling workforces due to employees who are self-quarantining due to exposure, or suspected exposure, to the virus, or because they live in states or cities with mandatory shelter-in-place orders preventing employees from reporting to work at businesses deemed "non-essential," or because they must stay home with minor children whose schools and daycare facilities have closed due to concerns related to the COVID-19 pandemic.  And it's been a confusing three days as employers have sought answers to many important but unanswered questions about the new law.   More on Coronavirus Relief and Tax Cuts Available > 

Essential Business Information

We received the following information from Susanna Davis, Legislative Affairs Director with the NC Department of Public Safety.  We felt it was important information to share with you and hope that it helps you and the clients your serve.
 
From Susanna:

I've been getting a lot of questions from lobbyists how their clients be considered as an essential business. The NC Emergency Management Business Emergency Operations Center (BEOC) manages the Statewide Re-Entry Certification Program, which certifies businesses that are deemed essential to restoring the health, safety, or economic well-being of a disaster area, in accordance with NCGS 166A-19.70.

Please note, the Statewide Re-Entry Certification Program is not required by the State at this time.  If a local jurisdiction decides to implement travel restrictions, depending on those restrictions businesses may take advantage of the Re-Entry Program.  Registered businesses who can provide critical services, essential commerce, and necessary goods for the health and safety of citizens can apply through the below procedure. Local authorities determine the order of access into restricted or curfew areas.

Process for Re-Entry Registration
  1. Applicant sends email to NC Business EOC at beoc@ncdps.gov with Re-Entry in the subject line.
  2. Applicant provides the contact information for a company representative with Memorandum of Agreement (MOA) signatory authority to include email address and title.
  3. Applicant provides an explanation of the nature of business, need for access and locations in North Carolina.
  4. Business EOC will respond with confirmation of receipt of inquiry by email.
  5. Business EOC will contact the applicant if more information is needed to determine eligibility.
  6. If approved, Business EOC will set the applicant up as a BEOC member and provide WebEOC access, log-on information, and directions for working inside of the Vendor Access Registry.
  7. The applicant completes the digital registration, includes primary and alternate point-of-contact information, lists all business locations, reviews and signs the electronic Memorandum of Agreement.
  8. Business EOC is alerted when a memorandum of agreement is signed and submitted through WebEOC.
  9. Business EOC does a final review of the registration, points of contact and completed memorandum of agreement.
  10. Business EOC staff determine based on the nature of business and needs of the state, the order of phased entry: Life, Health/Safety or Economic Well Being.
  11. Business EOC staff complete the certification and save the completed registration in WebEOC.
  12. Business EOC sends a final email letter that includes reminders of the legal responsibilities listed in the memorandum of agreement with regard to liability, misuse and distribution of Re-Entry Certificates and welcomes the new private partners into the NC BEOC.
  13. WebEOC provides a live link to view and print the Re-Entry Certification that includes the applicant's name, certification category and expiration date.
  14. The applicant can print and distribute to leadership and critical employees.
 
We hope this information is helpful.


Key Updates on the Economic Stimulus Bill

Dear Alliance Network Members,
 
First, I want to thank you for remaining steadfast and focused on your missions, staff, and communities during this rapidly unfolding crisis. We are working hard every day to equip you with the knowledge, networking, and solutions you are telling us you need. The COVID-19 challenge has forced us all to turn on a dime, implement new business models, and get creative in how to continue offering vital services in our communities. You have demonstrated our sector's unwavering commitment to protecting the health and safety of millions of children and families across the country. Thank you!
 
The Alliance, in partnership with all of you and in strategic coalitions, has been working around the clock for the past two weeks, including over weekends, pushing must-needed provisions in a federal economic stimulus bill for community-based human services nonprofits. Our advocacy efforts have reached into every corner of Congress and the administration. The Alliance used our collective power as a strategic action network to build grassroots and grasstops pressure on Congress in virtually every state across the country.
 
Our team in Washington, D.C., advocated directly with members of Congress and rapidly mobilized our network to contact key leaders in Congress, especially those who held prominent positions in the negotiations. Your responsiveness to our requests for mobilization meant that highly targeted emails with our message to your members of Congress were streaming into the inboxes of Senate staff until midnight last night in a final bid to push our objectives! Our collective advocacy targeted key leaders in Congress, enlisted the support and influence of former governors, state Medicaid directors, and corporate leaders. We used every leverage point possible to secure victories for our membership and the communities you serve.
 
We worked within the Leadership 18 coalition, a collection of the largest and most influential national nonprofit networks and federations, to push a bold package of relief for nonprofit organizations. Our efforts included both advocacy and a nationwide communications push that resulted in articles in numerous key media outlets.
 
Today, at 1 p.m. CT, the Senate came to an agreement on the topline provisions in the relief package. Technical details are still being worked through and to be clear, nothing is final yet. We are still working our way through hundreds of pages of bill text and analyzing the implications for our field. We have just learned there is a major drafting error in the bill and more will need to be changed.
 
But we have some early indicators of a few possible victories for our sector: 
 
Medicaid Exclusion. For the past week, we've been working to remove a dangerous provision to the small business loan program that would have prohibited any nonprofit that receives or is eligible for Medicaid reimbursement from getting access to these critical loans. As of this afternoon, we learned that after an uphill battle, this provision has been removed. If left in place, this would have barred most of our sector from accessing critical capital during a difficult time. It is our hope that if the new language goes through, most nonprofits with less than 500 employees would get access to immediate small business loans, with some generous loan forgiveness provisions. 
 
Access to Loans for Organizations with at Least 500 Employees. We will share more updates on this in the coming day or two as we gain more clarity. But it appears that there will be some new funds for medium-size nonprofits to access loans. More information and details to come as finished bill drafts are made available in the coming day or so.
 
Charitable Giving Incentives. To bolster charitable giving in a time of economic downturn, early indications are that we secured a $300 above the line tax deduction for charitable giving, eligible to both itemizers and non-itemizers alike. This is not a permanent provision and will expire at the end of the tax year 2020. It is our hope that this will spur more charitable giving in your communities in 2020, to make up for lost revenue and we will continue to advocate for making a universal tax deduction permanent.
 
Appropriations. There are numerous other important funding streams that will be critical to the communities you serve. The two summaries below break down some of the other important funding streams and policy improvements that will help our communities move through this economic and public health challenge. Note that the summaries below are subject to change.
Again, nothing is final, but we wanted you to have an update on where we believe things stand.

In terms of next steps, the Senate may vote on the long-awaited relief package later today. As of this writing, the House has not granted its seal of approval and it is still working with the Senate for points of compromise.
 
Stay tuned for further updates throughout the day. Look for any email we send with the subject line "ALLIANCE ALERT - Federal Stimulus Bill Update." This is how you can stay updated on the bill as we finalize what is in it.
 
In my eight years as CEO of this over century old organization, I have never been more inspired or prouder of our team, this network, our work together and the imperative of the Alliance. Yes, we work every day to ensure you are leading with excellence, distinction, and influence in your communities. We do this by providing you the best knowledge, networking and solutions. We must never forget the power of our network to stand together with one vision to create a healthy and equitable society so all our neighbors can flourish. We are walking through a historic moment in time together, and when we get through the crisis, in time, we will need to come together to debrief on what we have experienced and learned, think anew, and evolve as we respond to how this event is changing America, our field and sector, and the Alliance.
 
Take care and if there is anything we can do to support you, don't hesitate to let us know. Look for our COVID-19 webinars and ongoing policy updates. 
 
Susan Dreyfus
President and CEO
Alliance for Strong Families and Communities
LME/MCO Updates from Today
 

Upcoming NC House Select Committees on COVID-19
  • Health Care Working Group:
    DAY & DATE:   T hursday, March 26, 2020
    TIME:                  10:00 AM
    LOCATION:       1228/1327 LB
    COMMENTS:     In accordance with the latest guidance from the Center for Disease Control and the North Carolina Department of Health and Human Services, the House Select Committee on Covid-19 and subcommittees will largely meet remotely, not in person, to minimize the gathering of Members and staff. While there is extremely limited seating in room 1228, members of the public are requested to comply with the guidance from the North Carolina Department of Health and Human Services and the Centers for Disease Control by listening remotely. The public will be able to listen to a live stream audio via the NCGA committee website link by using committee room number 1228 of the Legislative Building.
     
  • Education Working Group:  DAY & DATE:   Thursday, March 26, 2020TIME:                  1:00 PMLOCATION:       1228/1327 LBCOMMENTS:     In accordance with the latest guidance from the Center for Disease Control and the North Carolina Department of Health and Human Services, the House Select Committee on Covid-19 and subcommittees will largely meet remotely, not in person, to minimize the gathering of Members and staff. While there is extremely limited seating in room 1228, members of the public are requested to comply with the guidance from the North Carolina Department of Health and Human Services and the Centers for Disease Control by listening remotely. The public will be able to listen to a live stream audio via the NCGA committee website link by using committee room number 1228 of the Legislative Building.
         The public can submit comments to the committee by using the following link:   https://www.ncleg.gov/RequestForComments/33 .  
     

Joint Statement from Sens. Berger and Blue on COVID-19 Efforts
Raleigh, N.C. - Senate Leader Phil Berger (R-Rockingham) and Senate Democratic Leader Dan Blue (D-Wake) released the following joint statement regarding the Senate's COVID-19 efforts.

"Earlier this week the two of us had a lengthy discussion about how to best address the COVID-19 crisis in North Carolina. We agreed that the best route was to survey the state for needs and come to a consensus with Governor Cooper and the House for how to help all North Carolinians.

"In order to accomplish that we will ask senators with interest or issue-area expertise in COVID-19 to reach out to their community to compile specific ideas for how we can respond. We will continue to lean on every member of the Senate during this time to do outreach.

"Those conversations are providing insight into how the state can and will move forward from this crisis. With those ideas in mind, the issue-area leaders will come together, compare notes and report back to leadership.
"Later this week we will hold a joint leadership call to provide updates on our efforts and discuss next steps.

"In this time of fear and uncertainty, our members have stepped up to the challenge and are taking those ideas and putting them to paper. For now, we are stronger apart than we are together. In the coming days and weeks, proposals from Murphy to Manteo will find their way to Raleigh.
"Senators and staff are well-equipped to take those suggestions and create a relief package that will be considered promptly when the General Assembly returns. We are in unprecedented times, but North Carolina can weather this new threat and we're optimistic that we can do so in a meaningful way."

 
More Stay at Home Orders as of 3/25/2020