Creenan & Baczkowski, PC Law Blog

For some industry insight on things that can create a gap in your policy coverage.  We suggest reviewing your policy with your broker/agent at least annually to ensure your questions are answered.

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To reduce the impact of COVID-19 outbreak conditions on businesses, workers, customers, and the public, it is important for all employers to plan now for COVID-19. For employers who have already planned for influenza pandemics, planning for COVID-19 may involve updating plans to address the specific exposure risks, sources of exposure, routes of transmission, and other unique characteristics of SARS-CoV-2 (i.e., compared to pandemic influenza viruses). Employers who have not prepared for pandemic events should prepare themselves and their workers as far in advance as possible of potentially worsening outbreak conditions.
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The "pandemic" classification of the COVID-19 / Coronavirus has caused many questions and concerns among the business community.  

Here are some non-medical things you should should know:

WHOSE GUIDANCE DO I FOLLOW?

We do not recommend following what you heard on the news channel.  Instead ----

• In Pennsylvania, the Department of Health has responsibility to enforce the Disease Prevention and Control Law of 1955 unless there is a county level agency.

• In Allegheny County, look to the County of Allegheny Department of Health for direction.  

  •  ACDOH defers to the CDC guidance- "For all businesses and organizations, ACHD is recommending that the CDC’s guidance is followed which includes actively encouraging sick employees to stay home or separating sick employees, emphasizing cough and sneeze etiquette and hand hygiene, performing route cleaning of frequently-touched surfaces and providing disposable wipes for those surfaces to be used by employees.

On December 20, 2019, President Trump signed the Setting Every Community Up for Retirement Enhancement Act (SECURE Act). The SECURE Act, which is effective January 1, 2020.

The Act is the most impactful legislation affecting retirement accounts in decades. The SECURE Act has several positive changes: It increases the required beginning date (RBD) for required minimum distributions (RMDs) from your individual retirement accounts from 70 ½ to 72 years of age, and it eliminates the age restriction for contributions to qualified retirement accounts. However, perhaps the most significant change will affect the beneficiaries of your retirement accounts: The SECURE Act requires most designated beneficiaries to withdraw the entire balance of an inherited retirement account within ten years of the account owner’s death.
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On December 17, 2019, Congress passed the long awaited SECURE ACT (Setting Every Community Up for Retirement Enhancement Act of 2019).  

 Link to SECURE Act

Some of the key points:

• The required beginning date to take RMDs is increased to 72
• Allowing retirement plans to be effective for current year when amended
• Reducing the "stretch" to 10 years for most beneficiaries 

For ease of understanding the Act (located in Section O of the 2019 spending bill), here is the relevant table of contents.
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What Records Do Small Businesses Need to Keep for Taxes?

Tax season is just around the corner, so now is a great time to make sure that you are retaining all the documentation you need to back up the income, deductions, and credits listed on your small business’s tax return. Keeping the proper records is not optional—it is required by the Internal Revenue Service (IRS).

Recordkeeping System

The IRS does not require a specific type of recordkeeping system. Rather, you must simply use one that clearly shows your income and expenses. Although the type of business you own affects the types of records you need to retain for taxes, in general, you should keep records (either hard copies or electronically) summarizing your business transactions.
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Attention Small Business Owners: New Overtime Rule Issued by the Department of Labor

At the end of September, the Department of Labor issued a new overtime pay rule that will take effect on January 1, 2020. According to the Department of Labor, the new rule will make 1.3 million American workers newly eligible for overtime pay. It is important for small businesses with employees to be aware of the changes to avoid violating the rule by misclassifying their employees, which could result in the payment of back overtime, civil or criminal penalties, and damages.

The Basics

Under the Fair Labor Standards Act (FLSA), employers must pay employees overtime pay (1 ½ times their regular hourly rate) for hours worked exceeding 40 hours in a workweek unless the employees are exempt because they are (1) paid a salary (2) of at least a minimum amount and (3) meet certain tests regarding their job duties.
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Dealing with Negative Online Reviews of Your Business

You’ve worked hard to build your small business. Nothing is more frustrating than negative online reviews, particularly if you feel they are unjustified or have been posted in bad faith. There are several steps that you can take to prevent your business’s reputation from being damaged by unfavorable reviews.

Respond promptly and professionally. More and more potential customers are turning to internet review sites like Yelp or Google My Business when they are making decisions about which businesses to patronize.
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The construction litigation team at Creenan & Baczkowski, PC recently obtained court approval of a successful negotiated settlement against the contractor.  The multi-million dollar settlement resulted from C&B persistence in demonstrating the ongoing nature and scope of the structural damages.  

The C&B Team included Jim Creenan, Esquire, Jake Oresick, Esquire, and paralegal Joanne Parise.  

 The Commonwealth of Pennsylvania's newly updated business resources page- Pa Business One Stop Shop - has many resources for new and existing businesses.

The free resources includes: 

• Free Business Plan Template
• Workshop and one-on-one business counseling
• Link to PA funded business programs to help expand your business.

Many small business owners face a dilemma when  starting out - what address should I use for my official business registration?   

Under Pennsylvania law (15 P.S. Sec. 109), entities required to provide a registered office address in any document filed in the Department of State may enter into a contract for the services of a Commercial Registered Office Provider (CROP), and may list the name of the CROP in lieu of providing a registered office address. This option is also available for any corporation or association that does not have a physical location or mailing address in the Commonwealth of Pennsylvania.