Over the weekend, I spoke with about a dozen 1099 or business-owner clients who (a) either still did not know about the Paycheck Protection Program or (b) did not intend to apply for various reasons.  Some discussion of that.

  1. If you don’t know about the program, educate yourself. It is broad and generous. It encompasses almost every sole proprietor, 1099 contractor and business owner in the nation.  Read about it generally here and watch this webinar for employers with W-2 employees and this webinar aimed primarily at sole proprietors and 1099 contractors.
  2. Do I have to suffer closure or severe economic damage under the COVID-19 crisis  to be eligible? No. This program makes virtually no distinction between those severely impacted and those still operating “normally.” You do need to certify some impact from the COVID-19 crisis.
  3. Isn’t this just another SBA loan program with lots of paperwork and loan fees? No, not at all.  (a) First, it is a “forgivable loan.” (b) The primary condition is that you must continue to employ your employees for 8 weeks (or call them back if you already laid them off) after the loan is made. (c) If you meet that and a few other simple conditions, the “loan” becomes a grant. (d) It is east to apply. (e) There are no fees. (f) There is no loan guarantee.  (g) Even creditworthiness is not considered. This program is designed quickly to get cash into the hands of businesspersons so they can maintain their payroll and avoid bankruptcy.
  4. How do I apply? Call your bank.  If you need more help, contact Rebecca L. Simpson of our office (513.797.2856).  Candidly, it is fairly easy and straightforward.
  5. But I read the program already is out of money? Yes, this is true, but it appears likely that Congress is poised to authorize another $300 billion this week.  Our view is the program will be fully funded until every eligible business which applies has been funded.
  6. Does the program apply to churches and other non-profits?  The program does have special rules for churches, but it generally applies to all 501-C3s and C-19s (veterans organizations).
  7. I don’t need the money; let someone else in need have the funds. This is certainly a justification for not applying, just so you have thought this through for yourself and your business.  When this program is gone, we see it as highly unlikely it will be renewed on such generous terms.

Every businessperson has their hands full right now, navigating the shoals of uncertainty and change the COVID crisis has presented, but this program almost certainly is well worth your time and attention.

Rebecca L. Simpson

This morning, Finney Law Firm attorney Rebecca L. Simpson conducted a seminar hosted by the Cincinnati Area Board of Realtors on the Paycheck Protection Plan. A hearty thanks to Christy Beaver for pulling together this program.

This morning’s seminar focuses on how Realtors can qualify and apply for the program.

It is posted here.

This seminar comes on the heels of another seminar hosted by Empower U about the Paycheck Protection Program focusing on employers with W-2 employees.

A link to that previous webinar is here.

Please contact Rebecca L. Simpson (513.797.2856) if you need assistance with the PPP program.

Attorney Christopher P. Finney

Today, Finney Law Firm and the 1851 Center for Constitutional Law filed suit in Federal District Court in Columbus, Ohio to enjoin the mandatory “stay at home” orders of the Ohio Department of Health.  Named as a Defendant in the action Dr. Amy Acton in her official capacity as Director of the Ohio Department of Health.

The Plaintiff, Tanya Rutner Hartman, owner of Gilded Social: The Fancy Occasion Shop, a Columbus bridal shop, alleges that the official orders of Dr. Acton fail to have any meaningful due process protections built in for a fair hearing to determine what is an “essential” business and can stay open while the state imposes restrictions to prevent further spread of the virus.

The case has been assigned to Chief Federal District Court Judge Algenon L. Marbley for the Southern District of Ohio, sitting in Columbus. He has ordered the State of Ohio to brief the matter by 5 PM Friday, April 17, 2020 (tomorrow) and will hold a telephonic hearing Monday at 10 AM.  He has promised a decision by Wednesday, April 22, 2020.

A copy of the Complaint is here.

The news release from the 1851 Center is here.

A Cleveland.Com story on the case is here.

For more information, contact Maurice Thompson of the 1851 Center for Constitutional law  or Christopher Finney (513.943.6655).

 

The stated desire of Congress and the Administration in the Paycheck Protection Program (“PPP”) has been to get money into the hands of business owners — and keep workers off the unemployment line — absolutely as quickly as possible.

But that hasn’t prevented the endless delays and bickering between the democrat House and the GOP Senate in getting full appropriation for the program approved.

Read here that the Small Business Administration website now reads that it is “unable to accept new applications for the Paycheck Protection Program based on available appropriations funding. Similarly, we are unable to enroll new PPP lenders at this time.”

Watch this blog for further updates and contact Rebecca L. Simpson (513.797.2856) for more information on this program.  She is keeping updated on the rules and the daily developments.

 

This morning, Finney Law Firm attorney Rebecca L. Simpson appeared live with anchor Angenette Levy on Local 12 to discuss the latest developments with the Paycheck Protection Program.

You may watch the link here.

Attorney Rebecca L. Simpson has been our point person inside Finney Law Firm to research and keep updated on the PPP and to advise clients on the intricacies of how to access Paycheck Protection Program funds for their small businesses each step of the way.  She has already led three webinars on the topic, with two more to come this week.

Contact Rebecca L. Simpson (513-797-2856) for assistance with the program.

Attorney Rebecca L. Simpson
On Friday, April 17, at 9:30 AM, Finney Law Firm Attorney Rebecca L. Simpson will present “Powerful Assistance to Realtors under the Paycheck Protection Act” (“PPP”) to Realtor and affiliate members of the Cincinnati Area Board of Realtors. This special program is free to members and nonmembers.
  • Ms. Simpson has already conducted an extensive webinar on the PPP to EmpowerU. To date for live participants and those watching the recorded webcast (here) that message has reached more than 1,000 viewers. That webinar was primarily aimed at Part #1 of PPP, which dealt with employers with W-2 employees.
  • This program on the other hand primarily is aimed Part #2 of the PPP that just launched today (April 10, 2020):  1099 contractors, self-employed, sole proprietors (for example, real estate investors whose companies have no employees). Ms. Simpson also will explore the various situations of Realtor “Teams” with 1099 contractors and W-2 employees within the teams, part-time Realtors who may also have separate W-2 jobs, and other variables specific to Realtors.
CABR Members can log in to register here and nonmembers can register here. This program is free for both members and nonmembers.
Contact Christy Beaver (513.842.3011) at the CABR for questions about the program and registration.
Contact Christopher P. Finney (513.943.6655) or Rebecca L. Simpson (513.797.2856) for specific assistance for you or your company.
A detailed description of the PPP program is here.

As our clients have noted from six years and a half years of our work to “Make a Difference,” Finney Law Firm  is actively working to assure that our attorneys are constantly up to date on developments in the law, and then impart that information to clients and the public with blog entries, e-newsletters, seminars, webinars and media appearances.

Our performance during the COVID-19 crisis has met and exceeded that standard.  And, because our clients hunger for information to help them to weather this unprecedented storm, the response has been overwhelming.

Here is our performance by the numbers since the beginning of March:

  • 28 COVID-related blog entries with critical legal updates for clients, including information on the PPP and EIDL programs from the SBA.
  • Those blog entries have had more than 6,300 “reads” since the crisis began.
  • 6 major Constant Contact e-mail blasts with important COVID-19 legal developments.
  • More than 13,250 “opens” of those emailed newsletters, a record number in one month.  We are seeing that the information is so valuable that there are a record number of “forwards” from clients to their contacts with our information, and those “forwards” are opening and reading the communications as well.
  • We have had 8 major TV and radio appearances relating to COVID-19 issues.
  • We have gotten calls from all over the nation for help on the PPP program from the SBA.
  • We have done or will do 4 webinars on the PPP program. Between the webinar live attendees and those watching the recordings, we will have reached more than 1,000 participants.
  • We have retained exclusive relationships with 1 Ohio e-notary and 1 Kentucky e-notary to become one of the first title companies to be able to do entirely electronic, remote closings over the internet through Ivy Pointe Title.

All of this is designed to assure we are as effective as we can be in serving you, by understanding the law, which is developing daily, by developing the contacts to achieve your objectives, and by imparting that knowledge in a usable format so you can implement to win on legal and economic battlefields that are daily emerging.

I congratulate and thank our team — lawyers, paralegals and staff — for contributing to this area of service to our clients.  And thank our clients — existing and new — for recognizing this sophisticated and cutting-edge approach to the practice of law for their benefit.

Let me know personally how the Finney Law Firm can help you to weather this storm.  My email is [email protected] and my phone numbers are 513.943.6655 (o) and 513.720.2996 (c).

Look, the Paycheck Protection Program is enormous, offering help to every small business in America with W-2 employees and the administration and Congress asked them to launch with six days’ lead time. What did you expect?

Yes, there are problems with the launch.  But you are all sitting in lock-down at home anyway.  We counsel patience.  The President and Congress are united in their desire to get this money out where it is needed.

Read more here.

Attorney Rebecca L. Simpson of the Finney Law Firm has carefully studied the PPP and the Emergency Income Disaster Loans (“EIDL”) to help our small business clients access these funds.  Feel free to call her at 513.797.2856 if you have questions about these programs or need help accessing PPP or EIDL funds.

The Payroll Protection Program (“PPP”) is easily the most generous small business support grant/loan program in the history of the nation.  Essentially, it is a lifeline to hundreds of thousands of small businesses (under 500 employees) nationwide in the midst of the economic crisis borne out of the COVID-19 pandemic.

It launched Friday, April 3, 2020, and on Sunday April 5, Wells Fargo & Company announced that it has “reached its capacity of $10 billion to lend under the PPP.” According to FastCompany.Com, “the bank has only been focusing on nonprofits or companies with 50 employees or less,” the statement read. From Fast Company and Wells:

“Given the exceptionally high volume of requests we have already received, we will not be able to accept any additional requests for a loan through the Paycheck Protection Program. We will review all expressions of interest submitted by customers via our online form through April 5 and provide updates in the coming days.”

Many of our clients have wanted to apply quickly to be “first in line” for the grants, and successfully completed their on-line application with various banks.  We have helped them to quickly apply, but generally counseled patience inasmuch as the program claims to extend through the end of 2020.  Thus, we did not expect the grant/loan program would be cut off so quickly and callously by one of the nation’s biggest lenders.  48 hours of applications, which really was about eight business hours, and “poof” they are out of the game and leave their regular customers hanging.

To make matters worse, most banks with which we speak say they are limiting PPP applications to existing customers only. So, Wells Fargo customers may need to either wait or flail around for days, weeks or months to find another lender to process their perfectly compliant PPP application.

We continue to work with clients who are continuing to process PPP applications with PNC, US Bank, Fifth Third Bank, Huntington Bank and other major and smaller lenders.  If you are a Wells Fargo customer who is having difficulties applying for a PPP loan, contact us to help identify a cooperative and open lender.

Attorney Rebecca L. Simpson of the Finney Law Firm has carefully studied the PPP and the Emergency Income Disaster Loans (“EIDL”) to help our small business clients access these funds.  Feel free to call her at 513.797.2856 if you have questions about these programs or need help accessing PPP or EIDL funds.

Stay safe, America. We will get through this together.

Two updates this morning on the SBA’s important and potentially very helpful Paycheck Protection Program for small businesses:

  1. The SBA’s Final Interim Rule issued Thursday night has this guidance on the difficult question of 1099 contractors:

Q: Do independent contractors count as employees for purposes of PPP loan calculations?

A. No, independent contractors have the ability to apply for a PPP loan on their own so they do not count for purposes of a borrower’s PPP loan calculation

2.  There have been a series of doom and gloom articles about the SBA’s rollout and large Banks’ reaction to that, such as this article from Politico, and this one from Forbes. We counsel patience. The government is rolling out an unprecedented amount of money for small businesses in the coming 30-60 days ad we suspect they will fully fund that generous program now that they have started it.

Finally, Rebecca L. Simpson (513.797.6227) from this office is devoting her practice for the coming weeks to serving clients on the PPP and EIDL programs. If she can be of assistance, please contact her directly.