After extensive conversations ALL weekend with our ADCPA members and labor attorneys, and some direction from the Department of Labor, we are recommending the following:
1.
Notify your team now that you are temporarily laying them off (before April 1).
2.
We recommend your team apply for unemployment as soon as possible.
-
See the state requirements in the FAQ section.
3.
We recommend you, the doctor file for unemployment (and spouse, if
applicable)
-
See the state requirements in the FAQ section.
4.
We would not recommend supplementing pay for your staff if you are applying for the first SBA loan (Sec. 7(b)) because of the specific requirements for how you spend the loan money. We will be providing action steps for applying for this loan with the SBA later today.
5.
We believe that dentists will be exempt from the CARE Act, the first bill passed (2 weeks of paid sick pay and the 10 weeks family leave) because their offices are closed and only open for emergency care. The ADA has filed a blanket request to exempt the dental industry. In addition, if you have under 50 employees you can request exemption due to a financial hardship. However, we still think you should temporarily lay your team off starting today.
6.
We are providing a link to the FAQs from the U.S. Department of Labor. Many of the questions we are receiving are addressed in this section. If you have additional questions, please contact us tomorrow. We are trying to get critical information out to you today.
Here are a few Unemployment FAQs we are answering for you:
Q1. Who is required to file – employer or employee?
North Carolina – Either
South Carolina – Either
Georgia – Employer
Tennessee - Either
Ohio – Either
All other states –
Please contact us directly if you are having trouble figuring your state’s
unemployment rules.
·
Most states have stated processing time maybe faster if the employer files. We leave the decision to you.
·
If you choose (or are required), you will need your unemployment account number and possible PIN. This information can be obtained by calling your payroll company or calling the unemployment office.
Q2. Can the owner/doctor file for unemployment?
We believe you will be able to file for unemployment. However, each state is
determining if you qualify on a case-by-case basis so you may not receive it.
Q3. Can my spouse file for unemployment?
Your spouse should also qualify for unemployment if you have been paying
her/him through the practice. Again, it is a case-by-case determination.
Q4. Am I required to pay my staff’s health insurance premiums while they are temporarily laid off?
YES!!!
If you do not offer health insurance, you (of course) will not be paying
anything for your staff. However, if you do offer it (even if you are only paying
part of it), please continue to pay the entire amount each month. It is important
for your staff to remain covered through this public health crisis.
Q5. Can you explain the “supercharge” $600 unemployment benefit and how does it work?
If an employee makes less than $65,000 per year, they will make more from the
new supercharge unemployment while they receive it than they would make
working for you. The amount per week is the base line unemployment rate
calculated by the state + $600 (federal amount) = the amount per week that
they will receive.
The next question that needs to be asked (we will ask it for you) is:
What if the employee wants to stay on unemployment rather than come back to
work for me?
That could happen. However, this is a short-term benefit and will not continue
forever. The strategy is to help Americans get through the next several weeks or
months. Therefore, we assume your team members will want to keep their long-
term job with you. If not, you do not want them on your team going forward
and
we recommend they not be on your team in the future.
Please stay tuned for the actions steps for applying for the CARE SBA loan. Due to the volume of information, this E*Blast will be sent tomorrow!
Stay safe, sane and be patient!
COLEMAN, UREDA, ALFORD & KAUCHER, PA
