Avionte COVID-19 Compliance Updates Webinar – Support Center

Recording

Watch a recording of the webinar here:

FAQ

General

Question	Answer
Will these unemployment claims impact companies SUI rates next year?	Please refer to your state's unemployment website. For example, in MN, Governor Walz issued Executive Order 20 05, which in part directs the MN UI Program to not use the unemployment benefits paid as a result of COVID-19 in computing future unemployment tax rates.
How do we get notified of other upcoming webinars Avionte is hosting?	Upcoming webinars and trainings can be found in our Avionte Training Calendar. Upcoming webinars are also advertised in our weekly Tip of the Week email.

FFCRA

Question	Answer
The FFCRA notes that part time employees are eligible for emergency leave for an amount equal to the average hours of worked over the previous two weeks. Does Avionte have the ability to calculate that average or does that need to be manually calculated based on the hours reported in Avionte?	Avionte supplies reports that can be used to calculate this average, such as the Accrued Hours Report. However, the system won't automatically apply this limit to each individual when paying FFCRA hours.
We do not have accrual listed under the employee. How do we turn that on?	The Accrual sub-menu item under Employee > Payroll can be turned on in Admin Tools > Form.
If an employee requests reduced hours for working from home because of children at home from school, would they qualify for the family leave? Is there a two week waiting period?	I believe your question is addressed in the DOL FAQ, question 28, that leave is available if a qualifying reason prevents the employee from working their full schedule: https://www.dol.gov/agencies/whd/pandemic/ffcra-questions
Can the credits for FFCRA sick leave and family leave be deducted from weekly payroll deposits without a penalty?	Yes, though there are limits applied to the credits and documentation that is required. Information on taking the credits can be found in the following IRS FAQ: https://www.irs.gov/newsroom/covid-19-related-tax-credits-for-required-paid-leave-provided-by-small-and-midsize-businesses-faqs, specifically question 12 and the "how to claim the credits" section.
Does Avionte have step by step instructions on using the COVID-19 Accrual Plans?	Yes, the documentation on these new features can be found on our Knowledge Base here: https://support.avionte.com/hc/en-us/articles/360045555054-COVID-19-FFCRA-Sick-Leave However, if you have additional questions, please create a Support ticket for us!
Per the new FFCRA sick leave rules, is the paid leave to be requested by the employee and is documentation required to be submitted from a provider, directing them to stay at home? Or are employers to pay this leave automatically?	The employee needs to request this paid leave, and there is documentation you as the employer will need to retain to be eligible for the tax credits for FFCRA. A good overview can be found here, specifically question 15: https://www.dol.gov/agencies/whd/pandemic/ffcra-questions
In order to track employees being paid through FFCRA sick leave or EFMLA, should we create a new branch or customer against which we can track their leave time?	Yes, we recommend creating a new, separate COVID-19 order under the customer the employee was working for and assign the employee to that order for the duration of their leave. You can also choose to create a new Customer for "COVID-19" with a singular order to which you can assign all employees on leave from that branch.
Do we have to add the new FFCRA accrual plans to each employee record?	Yes, you will need to add one of the FFCRA accrual plans to any employee record who is taking this leave. These plans are not automatically added to the employee, so you will want to add them for employees that request the leave in the Employee > Payroll > Accrual section. If an employee has not requested the FFCRA leave or sick pay, then you don't need to add the accrual to their employee record.
Will the FMLA or FFCRA Dependent Leave transaction/accruals automatically fill at 2/3 pay?	No, you will need to enter in the pay rate for the employee.
Is there any law that provides relief to staffing companies (over 500 employees) who pay accrued sick time to their temporary employees for COVID reasons? We are unable to charge our customers for the sick time taken.	The CARES Act section 2302 allows for deferral of payroll tax payments for specific payroll taxes. This is available for large clients as well. For more information, the IRS has a summary here: https://www.irs.gov/newsroom/deferral-of-employment-tax-deposits-and-payments-through-december-31-2020

PPP Loans

Question	Answer
Can the PPP loan be used to pay employees while "on the bench" and not working, though the employer is choosing to pay?	From the Treasury Department Fact Sheet (https://home.treasury.gov/system/files/136/PPP--Fact-Sheet.pdf) What counts as payroll costs? Payroll costs include: Salary, wages, commissions, or tips (capped at $100,000 on an annualized basis for each employee) Employee benefits including costs for vacation, parental, family, medical, or sick leave; allowance for separation or dismissal; payments required for the provisions of group health care benefits including insurance premiums; and payment of any retirement benefit State and local taxes assessed on compensation; and For a sole proprietor or independent contractor: wages, commissions, income, or net earnings from self-employment, capped at $100,000 on an annualized basis for each employee.
Can we still defer payroll taxes if we have received the PPP loan?	The IRS has an FAQ here, and that question is addressed in question 3: IRS FAQ
Please clarify the employee retention requirement in order for the loans to be 100% forgiven.	The loan forgiveness amount is subject to reduction by multiplying it by the following fraction: The numerator of which is the average number of FTE employees per month employed by the borrower during the covered period The denominator of which is, at the election of the borrower, either: The average number of FTE employees per month employed by the borrower during the period beginning Feb. 15, 2019, and ending June 30, 2019 The average number of FTE employees per month employed by the borrower during the period beginning Jan. 1, 2020, and ending Feb. 29, 2020 For seasonal employers, as determined by SBA, the denominator is the period beginning Feb. 15, 2019, and ending June 30, 2020.
For the PPP, it is my understanding the government is evaluating your payroll numbers to determine eligibility and amounts. Are they looking at gross payroll and headcount or are they going to look at specific employee names?	I do not believe there is guidance yet on exactly what the SBA will require. It is clear that they will be looking at the number of FTE, however, it is not specific on if individual names will be required. Most of our clients have had success using the Check Register AQ to pull the data needed to apply, which breaks down by individual check/employee. This can also be totaled by exporting the information to Excel if needed.
Is there any law that provides relief to staffing companies (over 500 employees) who pay accrued sick time to their temporary employees for COVID reasons? We are unable to charge our customers for the sick time taken.	The CARES Act section 2302 allows for deferral of payroll tax payments for specific payroll taxes. This is available for large clients as well. For more information, the IRS has a summary here: https://www.irs.gov/newsroom/deferral-of-employment-tax-deposits-and-payments-through-december-31-2020

Payroll Tax Deferral

Question	Answer
How do we get notified of other upcoming webinars Avionte is hosting?	Upcoming webinars and trainings can be found in our Avionte Training Calendar. Upcoming webinars are also advertised in our weekly Tip of the Week email.
Can we still defer payroll taxes if we have received the PPP loan?	The IRS has an FAQ here, and that question is addressed in question 3: IRS FAQ
Will Greenshades be updating the 941 to account for the payroll tax deferral options?	We are working with Greenshades to understand the impact to the 941 for Q2 2020. It is our recommendation that if you are deferring payroll taxes, that you track the total liability and the amount you are deferring on your own in order to cross-reference this during your filing period.
Do the payroll tax deferral options apply only to Federal Payroll Taxes or does this include State taxes as well?	Section 2302 of the CARES Act does not cover the deferral of state taxes.
I use a 3rd party (MasterTax, ADP, Paychex) for my payroll tax filings, how can I get their exports updated?	Please create a Support ticket, including the documentation from the 3rd party, such as file specifications.
Is there any law that provides relief to staffing companies (over 500 employees) who pay accrued sick time to their temporary employees for COVID reasons? We are unable to charge our customers for the sick time taken.	The CARES Act section 2302 allows for deferral of payroll tax payments for specific payroll taxes. This is available for large clients as well. For more information, the IRS has a summary here: https://www.irs.gov/newsroom/deferral-of-employment-tax-deposits-and-payments-through-december-31-2020

I-9 Changes

Question	Answer
Can you please provide more information regarding the I-9 compliance changes due to COVID-19?	Certainly! You can find links to DHS guidance along with Avionte-specific information on the following article in our Support Center: https://support.avionte.com/hc/en-us/articles/360045279314-Form-I-9-Revision-DHS-Guidelines-for-Remote-I-9-Completion-Due-to-COVID-19
For the I-9, we can no longer see actual documents remotely.When should we Everify? When we remotely see the ID or after we physically see the IDs?	E-Verify employers must still continue to create cases by the end of the third business day after hire. There is no extension given even when an employer is operating remotely.

Webinar Deck

The PowerPoint deck used in this webinar is available here:

COVID19 Compliance Updates Webinar.pdf
2 MB Download