Updated January 22, 2021
Guidance to Reopen Safely
Introduction
The Southern Wayne County Regional Chamber is committed to providing our members with the most updated information as we navigate through the current health and economic crisis. Please utilize this resource for the most up to date information from federal, state, and local authorities.

Please follow the SWCRC on Facebook, where we are posting new legislative updates frequently, resources on safely reopening economic activity, and loan and grant resources for operational capital as they become available. Further, the following link provides information assembled by the SWCRC on loans, grants, guidance and more resources for businesses impacted by COVID-19.
County/Local Level Information & Resources
WAYNE COUNTY TOOLKIT PROVIDES INDUSTRY SPECIFIC GUIDANCE INCLUDING RESTAURANTS, RETAIL, HAIR SALONS AND MORE. WAYNE COUNTY HEALTH DEPARTMENT & ECONOMIC DEVELOPMENT INFORMATION & RESOURCES
The Wayne County COVID-19 business toolkit provides reopening safety guidance for specific industries. Also, please follow the Wayne County Health Department and Economic Development Corporation on their websites for further guidance at the County level.
BEAUMONT OFFERING SEROLOGIC ANTIBODY TESTING TO EMPLOYERS. WAYNE COUNTY AND WALMART OPEN DRIVE-THROUGH TESTING SITE AT SAM'S CLUB IN SOUTHGATE AND WALMART IN TAYLOR.
Beaumont Health is providing area employers with the opportunity to participate in a serologic antibody testing program to assist with reopening strategies. More information located HERE.

A COVID-19 drive-through testing site is open in the parking lot of the Sam’s Club, located at 15700 Northline Road, in Southgate. A COVID-19 testing site is also opening May 15 at the Taylor Walmart store, located at 7555 Telegraph Road.
State Level Information & Resources
MDHHS ANNOUNCES LIFTING OF BAN ON INDOOR DINING AS OF FEBRUARY 1 - ANNOUNCES NEW GUILDINES FOR RESTAURANTS AND BARS - LAUNCHES NEW "SAFER DINING PROGRAM"
On Friday, January 22, Governor Gretchen Whitmer and the Michigan Department of Health & Human Services (MDHHS) announced a new Gatherings & Face Mask Order, lifting the ban on indoor dining and establishing new guidelines at restaurants and bars. The new Order takes effect on Monday, February 1, 2021, and expires on Sunday, February 21, 2021. The January 22 order rescinds the previous Order, under the authority of the Public Health Code, Act 368, MCL333.2253. 

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Restaurants/Bars:

MHDDS has launched a new program, "MI Covid-19 Safer Dining program," promoting eateries which have worked with certified HVAC inspectors who recommend changes to air ventilation to improve circulation and reduce the risk of COVID-19 spread. In the program, restaurants agree to abide by safety protocols, including mask wearing, social distancing, and regular disinfection and cleaning. The program encourages Michigan residents to check the program webpage for eateries which are certified within the program for safe dining. The program information and webpage is located HERE.

Restaurant/Eatery Restrictions within the Order are as follows:

1) Indoor consumption of food is only permitted when patrons are seated within a designated dining area, with groups at least 6 feet apart, with not more than 6 people per table, and groups cannot intermingle.
2) Patrons are not permitted to gather in common areas.
3) In the event that an employee of a food service establishment is confirmed positive for COVID-19 or shows symptoms of COVID-19 while at work, a gathering at that food service establishment is prohibited until the food service establishment has been deep cleaned consistent with Food and Drug Administration and CDC guidance;
4) Indoor dining capacity, and curfew guidelines at restaurants/bars are as follows:
  1. The number of patrons indoors (or a designated dining area of a multi-purpose venue) does not exceed 25% of normal seating capacity, or 100 persons, whichever is less;
  2. Food service establishments, or the food service establishment portion of a multi-purpose venue, must close indoor dining between the hours of 10:00 PM and 4:00 AM;
  3. The venue displays, in a prominent location, the MDHHS “Dining During COVID-19” brochure. Click HERE to download and print the brochure.
5) All dine-in food service establishments must maintain accurate records of the names and phone numbers of patrons who purchase food for consumption on the premises, and the date and time of entry. Upon request, must provide names and phone numbers of individuals with possible COVID-19 exposure to MDHHS and local health departments to aid in contact tracing and case investigation efforts.
6) Click HERE to download and view the Indoor Dining Guidelines for restaurants and bars. All resources linked at the bottom of this section.



Guidelines for Entertainment & Recreational Venues

Section 3 of the Order outlines guidelines and restrictions for food service and the entertainment industry. Entertainment venue guidelines within the order are as follows::

1) All patrons must wear a face mask at all times
2) Groups of patrons participating in activities together (such as those seated together at a concert or movie, or bowling in the same lane) do not exceed 10 persons from up to two households;
3) Patrons are prevented from mingling with or engaging in physical contact with persons outside their group;
4) Groups must maintain at least 6 feet of distance between each other at all times
5) Consumption of food is allowed only when groups of patrons are seated, and are 6 feet apart, with no more than 6 patrons seated at a table. Groups cannot intermingle
6) Venues abide by the following density limitations:
  1. For venues with fixed seating, occupancy must not exceed 20% of the limits established by the State Fire Marshal or a local fire marshal;
  2. For venues with non-fixed seating, occupancy is limited to 20 persons per 1,000 square feet, including within any distinct space within the venue;
7) Maximum Capacity Limit Requirements:
  1. At stadiums and arenas hosting sporting events as provided in section 6, up to 250 patrons may be gathered at venues with a seating capacity under 10,000, and up to 500 patrons may be gathered at venues with a seating capacity of over 10,000. This provision is effective immediately, replacing section 3(a)(5)(C) of the January 13, 2021 order, entitled Gatherings and Face Mask Order;
  2. For all other entertainment and recreation facilities, no more than 100 patrons may be gathered within any distinct space within the venue.

Be sure to review all requirements for entertainment venues located in Section 3 (a) of the Order.



REVIEW OF OTHER RESTRICTIONS IN THE ORDER:

According to the Order, the following services and businesses are to suspend indoor/in-person operations: Businesses must require remote work for employees with the exception of essential workers who must conduct operations in-person; contact sports (except professional sports); night clubs; and water parks.


According to the Order, the following services and businesses are permitted: Indoor group fitness classes; Theaters, movie theaters, stadiums and arenas; Retail businesses with capacity limits; Bowling alleys, bingo halls, casinos, arcades; Preschool up to 12th grade can conduct in-person classes (local school district choice); Childcare facilities; Manufacturing, construction and other work that cannot be conducted remotely; Public transit; Personal services such as hair salons and barber shops; Gyms, roller and ice rinks, and pools; Restaurants and bars for indoor and outdoor dining (with specific rules in place) /carryout/delivery; Professional sports; Parks and outdoor recreation; Non-contact sports; Funerals up to 25 people; And healthcare facilities. Indoor residential gatherings are permitted up to 2 households and no more than 10 people.


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Capacity Restrictions for Businesses


Retail businesses, libraries and museums are limited to 30% occupancy capacity. A retail store, library, or museum may permit one customer at a time to enter if strict adherence to the 30% total occupancy limit would otherwise result in closure. Retail stores must establish lines to regulate entry and checkout, with markings for patrons to enable them to stand at least six feet apart from one another while waiting.


Exercise facilities, such as gymnasiums and fitness centers are limited to 25% occupancy limits, with a requirement of 6 ft. of space between exercise stations and individuals. Group fitness is permitted with 6 ft. of space between participants.

Outpatient health-care facilities, veterinary clinics, personal care services, and other businesses - waiting room gatherings are prohibited unless a system is established to allow for 6 feet of distancing between patients (with a system in place that allows patients to wait in their car, if possible).

Pools - A gathering at an indoor or outdoor pool not otherwise prohibited by the Order must not exceed 25% of bather capacity limits.

Indoor ice and roller rinks - Gatherings are permitted, except for organized contact sports, provided that occupancy is limited to 4 persons per 1,000 square feet, including within the exercise space. Gatherings for the purpose of non-contact sports and open skating are permitted.

Non-essential personal care services, including hair, nail, tanning, massage, traditional spa, tattoo, body art, and piercing services, and similar personal care services - gatherings are only permitted to the extent that services do not involve the removal of face masks. All services must be provided by appointment, and gatherings in waiting areas are prohibited.



Face Covering Mandate

According to Section 7 of the Order, all persons participating in a gathering must wear a face covering. A person responsible for a business, school, government office or other operations must enforce a face covering mandate for all attendees, including employees at an indoor gathering. Further, the Order mandates that such person must deny service to a customer who refuses to wear a face covering while gathering, and may not assume that an individual not wearing a face covering falls within one of the exceptions detailed in Section 8 of the Order, though can accept a verbal explanation from a person that they fall into one of the exception categories.

Exceptions to the face covering rule can be found in Section 8 of the Order.


Attendance Limitations on Gatherings

The Order establishes the following attendance restrictions on gatherings throughout the State:

1) Indoor gatherings are permitted at residential homes with no more than 10 people from 2 households.
2) UPDATED: Indoor gatherings at non-residential venues are permitted with no more than 10 people from 2 households. Anything beyond this requirement is prohibited.
3) Outdoor gatherings are permitted at residential homes, with no more than 25 people from no more than 3 households
4) Outdoor gatherings are permitted at non-residential venues in that:
  1. 25 or fewer persons are gathered at a venue without fixed seating, and attendance is limited to 20 persons per 1,000 square feet, including within any distinct area within the event space;
  2. 25 or fewer persons are gathered at a venue with fixed seating, and attendance is limited to 20% of seating capacity of the venue.
  3. Specific exceptions to this Order are detailed within Section 2 (c). Further, "As a condition of hosting a gathering under this order, organizers and venues must design the gathering to encourage and maintain physical distancing, and must ensure that persons not part of the same household maintain 6 feet of distance from one another to the extent possible."



Business Contact Tracing Requirements

The order establishes that several businesses, in order to hold gatherings, must maintain "accurate records, including date and time of entry, names of patrons, and contact information, to aid with contact tracing, and denies entry for a gathering to any visitor who does not provide, at a minimum, their name and phone number." This rule applies to the following businesses:

(1) All businesses or operations that provide barbering, cosmetology services, body art services (including tattooing and body piercing), tanning services, massage services, or similar personal care services;
(2) Exercise facilities
(3) All dine-in food service establishments must maintain accurate records of the names and phone numbers of patrons who purchase food for consumption on the premises, and the date and time of entry.


Upon request, businesses, schools, and other facilities must provide names and phone numbers of individuals with possible COVID-19 exposure to MDHHS and local health departments to aid in contact tracing and case investigation efforts.


In-Home Services: According to the Order, "All businesses or operations that provide in-home services, including cleaners, repair persons, painters, and the like must not permit their employees to gather with clients unless the business maintains accurate appointment records, including date and time of service, name of client, and contact information, to aid with contact tracing."


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The situation continues to change, and the Southern Wayne County Regional Chamber will keep our membership up to date on important updates and information. Please follow the SWCRC on Facebook for the most up-to-date information.


REMINDER: MIOSHA Emergency Regulations

The Michigan Labor and Economic Opportunity Department and MIOSHA released a set of emergency rules detailing general and industry-specific guidelines and requirements for protecting the workforce during the ongoing pandemic according to the recent public health orders. The rules remain in effect. These rules must be followed and implemented by employers under the Michigan Occupational Safety and Health Act.


MIOSHA General Regulations

The MIOSHA Emergency Rules implement general regulations for all employers including: Rule 3, requiring employers to classify job duties into a category of either lower, medium, high, and very high risk, in which procedures and regulations are detailed for each category within a preparedness and response plan; Rule 4, requiring the development and implementation of a preparedness and response plan, in which the plan shall me made available for review by employees or their representative; Rule 5, implementing basic prevention measures for all employers, including cleanliness rules, requiring employees to stay home when ill, prohibiting shared office equipment when possible, and requiring remote work when possible; Rule 6, requiring daily health screenings for employees and vendors; Rule 7, instating workplace controls such as signage, and face covering requirements; and Rule 8, instating personal protective equipment (PPE) requirements in the workplace.

Rule 10 instates training requirements for all employers (page 8). Rule 11 reestablishes a requirement to maintain records of daily screenings, training, etc. for 1 year from the time of generation (page 8).


Industry Specific Regulations

Rule 9 (beginning on page 5) establishes industry specific regulations for the following industries:

Construction - page 5
Manufacturing - page 6
Museums, Libraries, Retail - page 6
Restaurants and Bars - page 6
Healthcare - page 6
In-home Services - page 7
Personal Care Services including Barber Shops and Salons - page 7
Public Accommodations such as Sporting Venues - page 7
Gymnasiums and Exercise Facilities - page 8
Meat & Poultry- page 8
Casinos - page 8
October 14, 2020: MIOSHA ISSUES EMERGENCY RULES IMPLEMENTING REGULATIONS FOR BUSINESSES TO PROTECT THE WORKFORCE
On Wednesday, October 14, the Michigan Labor and Economic Opportunity Department and MIOSHA released a set of emergency rules detailing general and industry-specific guidelines and requirements for protecting the workforce during the ongoing pandemic according to the recent public health orders. The rules, based on the previous executive orders, go into effect immediately, and will remain in place for 6 months. These rules must be followed and implemented by employers under the Michigan Occupational Safety and Health Act.

General Regulations

The rules implement general regulations for all employers including: Rule 3, requiring employers to classify job duties into a category of either lower, medium, high, and very high risk, in which procedures and regulations are detailed for each category within a preparedness and response plan; Rule 4, requiring the development and implementation of a preparedness and response plan, in which the plan shall me made available for review by employees or their representative; Rule 5, implementing basic prevention measures for all employers, including cleanliness rules, requiring employees to stay home when ill, prohibiting shared office equipment when possible, and requiring remote work when possible; Rule 6, requiring daily health screenings for employees and vendors; Rule 7, instating workplace controls such as signage, and face covering requirements; and Rule 8, instating personal protective equipment (PPE) requirements in the workplace.

Rule 10 instates training requirements for all employers (page 8). Rule 11 reestablishes a requirement to maintain records of daily screenings, training, etc. for 1 year from the time of generation (page 8).


Industry Specific Regulations

Rule 9 (beginning on page 5) establishes industry specific regulations for the following industries:

Construction - page 5
Manufacturing - page 6
Museums, Libraries, Retail - page 6
Restaurants and Bars - page 6
Healthcare - page 6
In-home Services - page 7
Personal Care Services including Barber Shops and Salons - page 7
Public Accommodations such as Sporting Venues - page 7
Gymnasiums and Exercise Facilities - page 8
Meat & Poultry- page 8
Casinos - page 8
October 14, 2020: CHAMBER COALITION CHAMPIONED COVID-19 LIABILITY PROTECTION BILLS PASS LEGISLATURE
At 11:30 PM on Tuesday, October 13, the Southern Wayne County Regional Chamber was notified that a deal had been reached between legislative and business leaders, and the Governor's office relating to the ongoing bipartisan negotiations to pass liability protection legislation for businesses who continue to face hardships throughout the ongoing pandemic. In a strong effort to protect Michigan’s ethical business community, the Southern Wayne County Regional Chamber joined trade associations and chambers of commerce from across the State to urge for and support common sense legislation from the state legislature and Governor Whitmer that will protect ethical businesses, which are operating according to the guidelines and orders provided by our governing authorities, from unfair and damaging COVID-19 related litigation.

Late last night, the Legislature passed House Bills 6030, 6031, and 6032, which incentivize employers to protect and promote workplace and customer safety and protect organizations against the acute economic threat of COVID-19 related lawsuits and other COVID-19 related liability concerns. The SWCRC applauds Wendy Block, vice president of business advocacy and member engagement, and her team at the Michigan Chamber of Commerce for their strong efforts and leadership, which led to this important legislation passing both chambers of the Legislature.


Summary of the legislation

The legislation (HB 6030) specifies a person who acts in compliance with all federal, state, and local statutes, rules, regulations, executive orders and agency orders related to COVID-19 in effect at the time of the conduct or risk that allegedly caused harm is immune from liability for a COVID-19 claim.  The bill defines “person” as an individual, partnership, corporation, association, governmental entity or other legal entity, including, but not limited to, a school, a college or university, an institution of higher education and a nonprofit charitable organization. It also includes an employee, agent or independent contractor of the person, regardless of whether the individual is paid or an unpaid volunteer.

Another bill (HB 6031) in the bill package makes similar changes to the Michigan Occupational Safety and Health Act and another (HB 6032) codifies the Governor’s Executive Order that prohibits discharge, discipline, or retaliation against employees who stay home because they test positive, display the principal symptoms or have had close contact with an individual who tests positive or displays the principal symptoms.

The bills do not include added protections for companies that stepped up to make or donate personal protection equipment (PPE) in response to the pandemic. According to negotiators and business advocates on Tuesday night, the Governor’s office took the position that providing these protections to businesses which donated and provided PPE in response to the pandemic were not to be included in these bills. The bills provide protections retroactive to March 1, 2020. 
October 14, 2020: LEGISLATURE PASSES BILL CODIFYING UNEMPLOYMENT BENEFITS AND PREVENTS EMPLOYERS FROM BEING CHARGED FOR UI PROVIDED IN PREVIOUS EXECUTIVE ORDER
Legislation (Senate Bill 0886) to continue “non-charging” employers for COVID-19 related UI benefits, authorize increased flexibility for employers participating in the WorkShare program, and ensure individuals filing an initial state claim for UI benefits could receive up to 26 weeks of benefits, is on its way to the Governor’s desk. The bill specifies these provisions would apply through December 31, 2020. The legislature could pass legislation at a future date to continue these provisions further.

The UI legislation is needed after the Michigan Supreme Court issued a decision on October 2 finding Governor Whitmer lacks the power to issue executive orders in response to COVID-19 without consent from the Legislature.

A summary of the legislation is located HERE.
MIOSHA LAUNCHES NEW WEBSITE FOR COVID-19 WORKPLACE SAFETY GUIDANCE - "ONE-STOP-SHOP" FOR BUSINESS
The Michigan Occupational Safety and Health Administration (MIOSHA) within the Dept. of Labor and Economic Opportunity (LEO) launched a new online COVID-19 Workplace Safety site – Michigan.gov/COVIDWorkplaceSafety – the site provides guidance and a toolkit of resources to keep workplaces safe as sectors of the state’s economy reopen. 

With the continued risk of COVID-19 spread, everyone in the workplace must take necessary precautions. The site includes MIOSHA issued guidelines, posters for employees and customers, factsheets, educational videos and a reopening checklist – all of which will help businesses safely reopening their doors. 

In addition to the general workplace guidelines for employer and employees, MIOSHA provided further clarification on necessary steps several other sectors must take when reopening, including: 

The site also provides guidance on how employers create and make available to employees and customers, a written exposure control plan which includes exposure determination and outlines measures that will be taken to prevent employee exposure to COVID-19, including as appropriate:
  • Engineering controls
  • Administrative controls
  • Hand hygiene and environmental surface disinfection
  • Personal protective equipment
  • Health surveillance
  • Training
  • Incorporating the latest guidance for COVID-19 from the U.S. Centers for Disease Control and Prevention (CDC), U.S. Occupational Safety and Health Administration (OSHA) and the Governor’s Executive Orders 
UPDATED: MEDC COVID-19 RESOURCES & WORKSHARE INFORMATION
Provided on the MEDC page is a list of resources and information for Michigan businesses during the COVID-19 outbreak from the Michigan Economic Development Corporation. Programs include capital loans, PPE sources, Main Street and community programs, and more.

The Governor’s Unemployment Insurance (UI) Executive Order expands the State’s Work Share program. With the plan, rather than being laid off, eligible employees work a reduced number of hours in the work week and receive a portion of weekly unemployment benefits. Employers are encouraged to implement the program that permits employers to maintain operational productivity during declines in regular business activity instead of laying off workers. More information and guidance about Work Share can be found HERE.
JULY 1, 2020: GOVERNOR WHITMER SIGNS TRIO OF BILLS EXPANDING "SOCIAL DISTRICTS" FOR CONSUMPTION OF ALCOHOL, DISCOUNT FOR ESTABLISHMENTS ON PURCHASE OF SPIRITS, AND PERMITTING THE SELLING OF COCKTAILS TO-GO
On July 1, the Governor signed several bills into law allowing the selling of cocktails to-go over the next 5 years, a discount for establishments on liquor purchased from the State, and the expansion of "social districts" by local governments to allow for more outdoor restaurant seating and drinking districts, where patrons can safely congregate with social distancing in place. With the State already allowing the sale of beer and wine to-go, the new law permits bars and restaurants to sell sealed containers of cocktails or mixed drinks to-go until December 31, 2025. The law further permits licensed establishments to hold two-for-one specials. Additionally, Governor Whitmer signed a bill providing establishments with the opportunity to receive a 23% discount on spirits purchased from the State over the next 12 months under certain rules.
MICHIGAN TREASURY ALLOWS FOR SALES, USE AND WITHHOLDING TAX PAYMENT INSTALLMENT PLAN
Recently, the Michigan Department of Treasury announced business taxpayers who have deferred paying their Sales, Use and Withholding (SUW) taxes due to the COVID-19 pandemic can now participate in an installment payment option to satisfy their outstanding tax balance.
 
Taxpayers scheduled to make SUW tax payments for the February, March, April and May tax periods on June 20, 2020 – including quarterly filers – can either pay their outstanding balance in its entirety or pay their outstanding balance in monthly payments over the next six months. Penalties and interest will be waived on those deferred payments.
WEBINARS TO HELP OUR MEMBERSHIP PLAN FOR REOPENING
Many employers are thinking about reopening their businesses after the “Stay Home” Order is lifted. But there are many things to think through in advance, including staffing, legal concerns and more. There are several webinars on demand to help employers to prepare, such as:  

-Returning to Work: Best Practices for Employers in a COVID-19 World
Federal Level Information & Resources
CONGRESS PASSES PPP FLEXIBILITY ACT WHICH WOULD INCREASE FORGIVABLE LOAN PERIOD TO 24 WEEKS OF QUALIFYING EXPENSES - US CHAMBER RELEASES PPP LOAN FORGIVENESS GUIDANCE - U.S. TREASURY & SBA ISSUE PPP LOAN FORGIVENESS GUIDANCE, INCLUDING EMPLOYEE REFUSALS TO RETURN TO WORK
Paycheck Protection Program Flexibility Act Approved by Congress: On June 3, 2020, Congress passed and sent to President Trump new reforms to the PPP loan, known as the Paycheck Protection Program Flexibility Act. The legislation has since been signed into law by the President. PPP information is located on the SBA's website HERE, and the bill can be viewed HERE. Provisions within the legislation include funding from the PPP loan being forgivable on qualifying expenses for up to 24 weeks, up from the original 8 week period. Also, the Act reduces the percentage of a PPP forgivable loan that must be applied toward payroll to 60 percent, down from the original 75 percent. The other 40 percent of the loan can be used on expenses such as mortgage interest, utilities and rent. Further, the Act also allows the loan period to be extended. Under the initial plan, the loan would have been a 2-year loan at 1% interest rate. This has been extended to up to 5 years. Further, the Act allows borrowers to defer the employer share of Social Security taxes (6.2%), regardless of whether the borrower receives forgiveness or not. 50% of deferred Social Security tax would be due in 2021, with the other 50% due in 2022.

US Chamber PPP Loan Forgiveness Guidance: Under the Paycheck Protection Program (PPP), loans may be forgiven if borrowers use the funds to maintain their payrolls and pay other specified expenses.  Click here to download a step-by-step guide from the U.S. Chamber of Commerce to calculate your loan forgiveness amount, navigate record-keeping requirements, and determine repayment terms on amounts not forgiven. Also, click HERE to view the recent step-by-step video guidance from the U.S. Chamber. Further, the U.S. Chamber of Commerce has launched a new digital resource center , providing at a national level industry specific guidelines to reopening and a small business reopening "playbook."

SBA & Treasury Guidance: The U.S. Small Business Administration (SBA), in consultation with the Department of the Treasury, released an application form for Paycheck Protection Program (PPP) loan forgiveness along with instructions for completing the form. This form is provided for informational purposes. Businesses should consult with their CPA when preparing the PPP loan forgiveness application. View the sample form and instructions HERE . Note: Your lender will have specific documents and instructions for the PPP loan forgiveness application.


PPP Fraud Concerns and Required Certification: In recent weeks, and in response to significant public pressure, the SBA and Treasury have determined that certain companies should not receive the benefits of PPP loans for which they qualified under the law. As a result, the SBA has advised that “all borrowers should review carefully the required certification” that current economic uncertainty makes the loan necessary after taking into account their current business activity and access to other sources of liquidity. As an incentive for companies who are unable to make the good faith certification of necessity to repay the loans, the SBA created a “safe harbor” to provide that borrowers would be deemed to have met the necessity certification requirements if the loans were repaid in full on or before May 7, 2020, and the deadline for the repayment safe harbor was subsequently extended to May 14, 2020. As additional incentive for companies to repay PPP loans during the safe harbor, the federal government has indicated that it will investigate PPP borrowers and may pursue criminal investigations in cases in which certifications on the loan application are determined to be fraudulent. On April 29, 2020, more than one month after the CARES Act was signed into law, the SBA announced that it intends to review (i.e., “audit”) all PPP loans of more than $2M, along with other loans, “as appropriate.” One key motivation for such audits is the government’s view that the benefits of the PPP should not be afforded to companies that have alternative sources of liquidity to fund ongoing operations “in a manner that is not significantly detrimental to the business.”

Borrowers with loans of or under $2 Million: As of May 27, 2020, the U.S. Treasury has released new guidance via FAQ. Under the new FAQ, borrowers of $2 million or less will be deemed to have made in good faith the required certification concerning the necessity of this loan. In Question #46, the FAQ specifically spell out that most businesses with loans below this level are “less likely to have had access to adequate sources of liquidity in the current economic environment than borrowers that obtained larger loans.”

It is important for PPP borrowers to review this new guidance in preparation for loan forgiveness. Potential for Fraud: For small businesses that borrowed funds under the PPP, if the federal government determines that there has been a false certification, the company or individual signing the certification could face serious civil and, potentially, criminal charges related to this “fraud.”

Documentation of Necessity or Repayment of PPP Loan: Any business that borrowed PPP loan funds should consider whether, and how, it can document compliance with the CARES Act necessity “certification” requirements. A meaningful review of necessity for PPP loans is recommended for all borrowers, and could prove to be absolutely critical for any borrower that: is publicly traded; is a United States subsidiary of a foreign parent; has access to other sources of liquidity; or is a borrower of more than $2M. Unless the full loan is repaid by May 14, every such borrower should be prepared for an SBA audit of both its PPP loan application, and its uses of PPP loan funds.

*Key source along with Treasury FAQ: Bodman Law article

PPP loan forgiveness guidance on employees refusing offer of work: What happens if you call back laid-off employees and they are reluctant or refuse to return to work?

The Small Business Administration (SBA) and Department of Treasury recently answered this question in their PPP Frequently Asked Questions. While promising to issue a formal rule, the FAQ states the following:

Question 40: Will a borrower’s PPP loan forgiveness amount (pursuant to section 1106 of the CARES Act and SBA’s implementing rules and guidance) be reduced if the borrower laid off an employee, offered to rehire the same employee, but the employee declined the offer?

Answer: No. As an exercise of the Administrator’s and the Secretary’s authority under Section 1106(d)(6) of the CARES Act to prescribe regulations granting de minimis exemptions from the Act’s limits on loan forgiveness, SBA and Treasury intend to issue an interim final rule excluding laid-off employees whom the borrower offered to rehire (for the same salary/wages and same number of hours) from the CARES Act’s loan forgiveness reduction calculation. The interim final rule will specify that, to qualify for this exception, the borrower must have made a good faith, written offer of rehire, and the employee’s rejection of that offer must be documented by the borrower. Employees and employers should be aware that employees who reject offers of re-employment may forfeit eligibility for continued unemployment compensation.
CDC RELEASES NEW TOOLS TO HELP SPECIFIC INDUSTRIES REOPEN. EPA AND CDC ISSUE JOINT GUIDANCE FOR ALL BUSINESSES REGARDING CLEANING & SANITATION
The CDC introduced new industry specific guidance, including 1 page tools designed to guide general workplaces and restaurants/bars as they plan to safely reopen. Please review these valuable tools, including guidance for community events, churches and community organizations, recreational facilities, educational institutions and more HERE.

The CDC and EPA have released guidance for all businesses for cleaning and sanitizing the workplace as businesses begin to reopen safely. The Guidance is based on the President's Open Up America Again plan, and is intended for all Americans, whether they own a business, run a school, or want to ensure the cleanliness and safety of their home. The Guidance can be viewed HERE.

Business must begin to plan and execute safety practices to protect the workforce and community. Below are links that provide resources and guidance from the CDC, U.S. Occupational Safety & Health Administration (OSHA) and MIOSHA. Further, the following section provides templates for Preparedness and Response Plans. These templates are for information purposes only and not for the purpose of providing legal advice. You should contact legal counsel to obtain advice with respect to your individual workplace.   

The MIOSHA website includes guidance on an interim COVID-19 complaint enforcement plan, FAQs, and guidance for businesses on who can perform in-person work under the current executive order.

Businesses must abide by and regularly check updated CDC, State, OSHA, and local guidelines as information is rapidly changing. At this time, there are no protections in place for employers who are operating under this guidance or that open too soon.
FEDERAL OPENING UP AMERICA AGAIN OVERVIEW
President Donald Trump unveiled the Opening Up America Again plan, providing guidance for a 3-phase approach to reopen the U.S. economy as the nation works to contain the COVID-19 virus. The plan proposes that states and/or regions must first meet the gating criteria prior to moving into the phases identified within the plan. The gating criteria includes a reduction in the trajectory of reported influenza-like illnesses and documented COVID-19 cases within a 14-day period, and the establishment of a robust testing program for at-risk healthcare providers along with the ability to treat all patients without crisis care. The guidelines also establish responsibilities for each state, including among others the ability to setup efficient testing sites, the ability to quickly and independently provide personal protective equipment, the ability to effectively protect employees within critical and high risk industries, and the ability to provide guidance on social distancing while monitoring conditions and being ready to take immediate action to mitigate any rebounds of the virus.

The guidelines provide for a 3-phase approach, in which employers throughout all phases are called on to implement the appropriate policies and best practices such as: social distancing and personal protection equipment; temperature checks; testing and isolation policies; sanitation and disinfecting high traffic surfaces and areas; and safe business travel guidelines and policies.

Phase 1: For states and regions who meet the gating criteria, the following guidelines are provided: All vulnerable individuals must remain in shelter in place. When in public, individuals should maintain social distancing practices and avoid public gatherings of 10 or more. Non-essential travel should be avoided or minimal. Employers should continue to encourage teleworking. Returning to the workplace should be done in phases. Common gathering places at workplaces should be closed. Gyms can open if they adhere to strict physical distancing and sanitation protocols. Bars should remain closed.

Phase 2: For states and regions showing no evidence of a rebound of the virus and satisfying the gating criteria a second time. Continue to encourage teleworking policies. In common gathering areas in the workplace, social distancing policies should be observed. Non-essential travel may resume. Schools can reopen. Large venues can begin to operate under moderate physical distancing protocols. Bars may operate with diminished standing-room occupancy, where applicable and appropriate.

Phase 3: For state and regions with no evidence of a rebound of the virus and satisfying the gating criteria a third time. Employers can resume unrestricted staffing of work sites. Vulnerable population can return to public places while practicing social distancing. Large venues can operate under limited physical distancing procedures. Bars may operate with increased standing room occupancy.
#SupportDownriver & #SupportSouthernWayneCounty CAMPAIGN
Together as one community, we are launching a unified regional campaign to support our local businesses, and to revitalize our local economy in a safe, responsible, and effective way. The campaign is called #SupportDownriver, and #SupportSouthernWayneCounty for municipalities represented by the Downriver Community Conference and Southern Wayne County Regional Chamber who count themselves as outside of the traditionally recognized "Downriver" communities. As one united community, we will save lives, businesses and jobs. While we do everything that is necessary to protect the health and well-being of our community, we cannot standby as our region's job providers and entrepreneurs lose everything they have worked so hard to gain not only for themselves, but for the people of our region. We are asking all of our communities, members and the entire Downriver business community to participate in this positive and encouraging messaging. Use the graphics, posting and tagging as many local businesses as often as possible. NOW MORE THAN EVER, it is vital that we support our Downriver and southern Wayne County job providers, entrepreneurs and workforce. Campaign graphics and more information can be found by clicking the below link.
SWCRC RESOURCE PAGE - INFORMATION ON LOANS, GRANTS AND MORE
The SWCRC's resource page provides PPP loan forgiveness guidance from the U.S. Treasury, guidance on the Federal Reserve's Main Street Lending Program, and information on existing loans, grants and other guidance including the PPP and SBA EIDL programs.