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securecheck360 · 4 years

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U.S. DEPARTMENT OF LABOR ACTS TO HELP AMERICAN WORKERS AND EMPLOYERS DURING THE CORONAVIRUS PANDEMIC

Last week, the U.S. Department of Labor took a range of actions to aid American workers and employers as our nation combats the coronavirus (COVID-19) pandemic.

Reopening America’s Economy:

· Statement by U.S. Secretary of Labor Eugene Scalia on being added to the white house coronavirus task force – “President Trump and Vice President Pence have delivered steadfast leadership throughout the fight against the pandemic. As a member of the White House Coronavirus Task Force, I look forward to help bring Americans back to work – safely”.

Keeping America’s Workplaces Safe and Healthy:

· This week, OSHA continued its effort to provide detailed, industry-specific guidance for several industries that each face unique challenges in keeping workers safe from coronavirus. Among the documents released this week is guidance aimed at employers who have a duty to keep workers in nursing home and long-term care facilities safe from coronavirus exposure. OSHA’s compliance assistant tools are available to all employers to help protect workers from hazards.

· The guidance documents released this week include:

o Alert for Dental Industry Practitioners

o Alert for Rideshare, Taxi and Car Service Workers

o Alert for Retail Pharmacy Workers

o Alert for Nursing Home and Long-Term care Facility Workers

Helping Unemployed Americans:

· The U.S. Department of Labor Issues Guidance Announcing the Availability of $100 Million in Short-Time Compensation Grant Funds for States – “The short-time compensation programs are a vital resource for states in phased reopening”, said Assistant Secretary for Employment and Training John P. Pallasch. “By facilitating the expansion of an important tool states can utilize to help bring Americans back to work, we hope that states leverage these funds when developing their re-opening plans”.

· The U.S. Department of Labor Issues Guidance and Reminders to States to Ensure Integrity of Unemployment Insurance Programs – The Department of Labor issued targeted guidance and reminders that provide states with detail regarding required integrity functions for their regular unemployment compensation programs, as well as those authorized by Pandemic Unemployment Assistance, Federal Pandemic Unemployment Compensation and Pandemic Emergency Unemployment Compensation of the Coronavirus Aid, Relief and Economic Security (CARES) Act, in UIPL 23-20. The guidance aims to help states guard against fraud and abuse of their unemployment insurance systems.

· The U.S. Department of Labor provides Guidance on Pandemic Emergency Unemployment Compensation Program to States – The Department of Labor announced updated guidance, including FAQ’s, regarding the Pandemic Emergency Unemployment Compensation (PEUC) program authorized by CARES Act.

· Temporary Changes to the Federal-State Extended Benefits (EB) Program – Unemployment Insurance Program Letter 24 – 20 provides guidance and responds to state inquiries related to the Federal – State Extended Benefits program and temporary changes to the program in accordance with the Families First Coronavirus Response Act.

· Helping States with Technology Needs – Secretary Scalia has marshalled the resources of the U.S. Digital Service, the Department of Labor Office of the Chief Information Officer, the Office of Management and Budget, the Department of Labor office of Unemployment Insurance, and other organizations to assist States as they contend with unemployment insurance system IT issues arising from large claims volume and often out-dated computer systems. Together, these agencies have conducted outreach and provided assistance on performance and scalability of systems, procurement prioritization with vendors, call center consultation, and architecture reviews. Several states have already engaged the Department for help, and it remains available to help any state that would like its services.

Defending workers’ Rights to Paid leave

· Wage and Hour Administrator Cheryl Stanton authored a blog post regarding the Families First Coronavirus Response Act (FFCRA). Administrator Stanton wrote how eligible employees working for covered employers can access paid leave under the FFCRA by checking with their employer, requesting the leave, and letting their employer know which of the qualifying conditions applies.

· The U.S. Department of Labor to Offer Families First Coronavirus Response Act webinars to Educate Employees, Employers, state and Local Governments – The U.S. Department of Labor’s Wage and Hour Division will offer three webinars the week of May 18, 2020, for employees, employers, and State and Local governments in the division’s Southeast region to educate them on the Families First Coronavirus Response Act.

· Indiana Trucking Company Pays Back Wages to Workers Denied Paid Sick Leave While Experiencing Coronavirus Symptoms and Seeking Diagnosis – A truck driver has received $3,017 in back wages after being denied emergency paid sick leave while he was experiencing coronavirus symptoms and seeking a medical diagnosis. The Wage and Hour Division found the employer violated the Emergency Paid Sick Leave Act provisions of the FFCRA.

· West Texas Paving Company to Pay Back Wages to Worker Denied Paid sick Leave Despite Doctor’s Order for Coronavirus Quarantine – After an investigation by the Wage and Hour Division an employer will pay an employee $1,200 in back wages after failing to provide the employee paid sick leave under the newly passed Emergency Paid Sick Leave Act, part of the FFCRA.

· Hawaii Food Retailer to Pay Back Wages to Employee Wrongly Denied Paid Sick Leave to Care for Child After Coronavirus Closes School – Wage and Hour Division investigators found an employer in violation of Emergency Paid Sick Leave Act provisions of the FFCRA due to the employer denying leave entitled to an employee. When advised of its obligations, the employer agreed to pay $800 in paid sick leave benefits to the employee as required. The employer also agreed to display the FFCRA poster, which details employer obligations and employee rights to coronavirus-related sick leave, until December 31, 2020.

· Arizona Company to Pay Back Wages After Denying Paid Sick Leave to Employee Whose Doctor Ordered Coronavirus Quarantine – Wage and Hour Division investigators found an employer paid sick leave for only two of the 13 days the employee spent self-quarantined at the direction of his doctor after potential exposure to the virus.

Helping Dislocated Workers

· The U.S. Department of Labor Awards Over $26 Million in Dislocated Worker Grants in Response to Coronavirus Public Health Emergency – The U.S. Department of Labor announced the award of seven Dislocated Worker Grants totalling $26,751,963 to help address the workforce-related impacts of the public health emergency related to coronavirus. This latest award follows three previous waves of funding, bringing the total amount awarded to states and territories to $198,221,958.

During the coronavirus pandemic, the Department of Labor is focused on protecting the safety and health of American workers, assisting out state partners as they deliver traditional unemployment and expanded unemployment benefits under the CARES Act, ensuring Americans know their rights to new paid dick leave and expanded family and medical leave, providing guidance and assistance to employers, and carrying out the mission of the Department.

The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

For more information, please visit:

https://www.dol.gov/newsroom/releases/osec/osec20200517

#securecheck360 #guidance #employers #employees

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ecompaniesusa · 5 years

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Checklist for Forming a Corporation in Arizona

Arizona Incorporation and company registration.

Contact the Arizona Secretary of State to determine if the proposed corporate name is available for registration. The proposed name of your corporation must be “distinguishable upon the records” of the secretary of state. A name is not considered to be distinguishable from another name if the only difference is:

a) reversing of words (e.g., Fast Copy, Copy Fast);

b) use of Arabic numbers or Roman numerals (e.g., Jim’s Sales I, Jim’s Sales II);

c) use of possessives (e.g., Thompson Auto Body, Thompson’s Auto Body);

d) phonetic spelling (e.g., Quick, Kwik).

2) Determine the availability of the proposed corporate name in any other states in which the business will operate.

3) File the articles of incorporation with the Arizona Secretary of State, Business Services Division.

1) The name of the corporation must end with “Company,” “Co.,” “Corporation,” “Corp.,” “Incorporated,” or “Inc.”

2) The articles must indicate the corporation’s principal office—city, village or township, and county.

3) The articles must state the number of authorized shares that can be issued and their express terms. NOTE: The number of shares authorized determines the filing fee.

4) If the corporation plans to have an initial stated capital, it must be included.

5) You may appoint the initial board of directors in the articles.

6) The articles must be signed by all incorporators.

4) Incorporators, or the directors if named in the articles, should start a corporate minute book by acknowledging the filing of the articles and including the original of the filed articles.

a) Incorporators, or the directors if named in the articles, should authorize the issuance of shares.

b) The investors should sign a subscription agreement, the agreement in which the investor agrees to buy the shares for a given price.

c) The incorporators, or the directors if named in the articles, may set the value of noncash assets in payment of the subscriptions.

d) The incorporators, or the directors if named in the articles, accept the subscriptions.

e) The incorporators must give notice of the first shareholders’ meeting.

5) Consider electing a “Subchapter S” corporation status for federal and state tax purposes. See Sections 1362 et seq. of the Internal Revenue Code.

a) Use IRS Form 2553. File with the Internal Revenue Service Center, within the 16th day of the third month of the beginning of the tax year.

b) Shareholders and the corporation must file a notice of the subchapter selection with the Arizona Department of Taxation.

6) If the business will operate under a name other than its corporate name, a fictitious name must be filed with the Arizona Secretary of State.

7) Make sure your business complies with the Arizona securities laws. The most common exemption from the Arizona registration requirements for small businesses is a small business equity investment to ten or fewer investors. To comply with this exemption, the subscription agreement must include statements that:

1) the purchaser is aware that no market may exist for resale of the securities;

2) the purchaser is aware of any restrictions on the transfer of the securities, and

3) the purchaser declares that the purchase of equity is for investment purposes and not for redistribution. If there are non-Arizona investors, check with their resident state security regulator.

8) Make sure your business complies with federal securities laws. Registration is required unless an exemption is available. Following are the two most common exemptions for small businesses:

a) Intrastate exemption

b) Private placement exemption

9) Obtain the taxpayer identification number from the Internal Revenue Service. Submit Form SS-4. See the procedure set forth on the IRS website: www.irs.ustreas.gov. Note that any person filing a Form SS-4 other than a corporate officer must be designated as the Third Party Designee on the Form SS-4. To handle any other tax matters for the corporation, a person must also file Form 2848 with the IRS.

a) By filing the Form SS-4, the corporation is automatically pre-enrolled in the Electronic Tax Payment System.

b) By filing the form SS-4, the corporation will receive the IRS Circular E Employee’s Tax Guide – Forms for Payroll.

10) Take the following action at the first shareholders’ meeting or by written consent of all

shareholders.

a) Elect directors.

b) If the directors named in the articles have not done so, the shareholders should adopt

the code of regulations for the internal government of the corporation.

c) Consider adopting a close corporation agreement

d) Set value for any non-cash payments by investors to the corporation.

e) Consider adopting a shareholder’s buy and sell agreement.

f) Set the fiscal year for the corporation.

11) Take the following action at the first meeting of the board of directors or by written consent of all directors.

a) Elect officers.

b) Set up a bank account by adopting a bank-provided resolution.

c) Consider adopting benefit plans.

d) Consider adopting a group term life insurance plan (see Internal Revenue Code Section 79).

e) Consider adopting accident and health insurance plan (see Internal Revenue Code Section 105[b]).

f) Consider adopting medical reimbursement plan (see Internal Revenue Code Section 105[b]).

g) Consider adopting a death benefit plan (see Internal Revenue Code Section 101[b]). h) Consider adopting a Section 1244 plan. This allows the stockholders to take an ordinary tax loss rather than a capital loss if the business fails and the stockholders lose their investment (see Internal Revenue Code Section 1244).

i) Adopt a resolution for leasing business space.

j) Adopt a resolution for the purchase of any real estate.

k) Set compensation of key employees

12) Consider requiring key employees to execute employment agreements with covenants not to compete.

13) Issue stock certificates or transaction statements for paid shares.

14) Consider adopting policies about the following issues to protect the company, the directors and the executives:

a) sexual harassment;

b) non-discrimination;

c) trade secret protection;

d) company ethics (e.g., corporate gifts, anti-kickbacks);

e) email, computer and Internet use;

f) compliance with environmental laws;

g) compliance with the anti-trust laws;

h) compliance with the worker safety rules;

i) development of procedures to prevent the hiring of illegal aliens, and

j) political contributions.

15) Obtain the following posters to be placed conspicuously in the workplace:

a) Arizona Civil Rights;

b) Fair Labor Standards Act – Minimum Wage poster;

c) Employee Polygraph Protection Act – poster advising employees of federal rights when confronted by a request from an employer to undergo a lie detector test;

d) rights of employees under the Family and Medical Leave Act poster;

e) posted notice of the company’s anti-discrimination policy and anti-harassment policy (sex, race, national origin, etc.);

f) Federal Occupational Safety and Health Act (OSHA) poster (states the rights of employees under OSHA);

g) Federal Equal Employment Opportunity Commission poster;

h) Arizona Wage and Hour requirements poster

16) Apply for an income tax withholding agent. File Application for Registration as a withholding Agent, with the Arizona Department of Taxation.

Starting a new company in Arizona. Ecompanies USA offers fast & easy Arizona Incorporation, LLC and Business Name Registration services to domestic entrepreneurs and foreign companies wishing to operate in Arizona.

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