Guidance issued to implement Presidential Memorandum deferring certain employee Social Security tax withholding

The Department of Treasury and Internal Revenue Service issued guidance (PDF) implementing the Presidential Memorandum issued on August 8, 2020, allowing employers to defer withholding and payment of the employee's portion of the Social Security tax if the employee's wages are below a certain amount.

Notice 2020-65, posted on IRS.gov, makes relief available for employers and generally applies to wages paid starting September 1, 2020, through December 31, 2020.

The employee Social Security tax deferral may apply to payments of taxable wages to an employee that are less than $4,000 during a bi-weekly pay period, with each pay period considered separately. No deferral is available for any payment to an employee of taxable wages of $4,000 or above for a bi-weekly pay period.

The notice postpones the time for employers to withhold and pay employee Social Security taxes.

Additional tax relief related to the COVID-19 pandemic can be found on IRS.gov.

Lost Wages Assistance Fact Sheet

GOVERNOR CUOMO SIGNS EXECUTIVE ORDER EXTENDING MORATORIUM ON COVID-RELATED COMMERCIAL EVICTIONS UNTIL SEPTEMBER 20

Builds on Governor's Actions to Protect Both Residential and Commercial Tenants from Eviction and Late Rent Fees amid COVID-19 Pandemic 

Governor Andrew M. Cuomo today signed an executive order extending the state's moratorium on COVID-related commercial evictions and foreclosures an additional month, until September 20th. This measure extends protections already in place for commercial tenants and mortgagors in recognition of the financial toll the pandemic has taken on business owners, including retail establishments and restaurants. The extension of this protection gives commercial tenants and mortgagors additional time to get back on their feet and catch up on rent or renegotiate their leasing terms to avoid eviction proceedings and foreclosures moving forward. 

"While we have made great progress in keeping New York's infection rate low, this pandemic is not over and as we continue to fight the virus, we are continuing to protect New York businesses and residential tenants who face financial hardship due to COVID," Governor Cuomo said. "I am extending the State's moratorium on commercial evictions to ensure business owners across New York will not be forced to close as a result of the pandemic."  

Governor Cuomo first announced a State moratorium on residential and commercial evictions on March 20 to ensure no tenant was evicted during the height of the public health emergency. The commercial eviction and foreclosure moratorium was extended through August 20 by Executive Order, and the Governor signed the Tenant Safe Harbor Act and additional legislation to protect residential renters and homeowners from foreclosure or eviction due to a COVID-19 financial hardship. Governor Cuomo also ordered additional protection for residential renters from charges for late payment of rent and allowing tenants to use security deposits to pay rent for residential tenants.

Additional news available at www.governor.ny.gov
New York State | Executive Chamber |press.office@exec.ny.gov | 518.474.8418
 

The Gyms and Fitness Centers Guidance has just been posted on the NY Forward website under “Phase 4”: https://forward.ny.gov/phase-four-industries. It is attached for your reference. This guidance takes effect on Monday, August 24th for gyms and fitness centers in all regions of New York.

“These guidelines apply to fitness activities and facilities, including, but not limited, to standalone, hotel, residential, and office gyms and fitness centers, gyms and fitness centers in higher education institutions, yoga/Pilates/barre studios, boxing/kickboxing gyms, fitness boot camps, CrossFit or other plyometric boxes, and other group fitness classes (e.g., spin, rowing, dancing). Residential and hotel gyms and fitness centers must have staff available to ensure compliance with this guidance. This interim guidance is subject to change as the State will be closely working with local health departments during the initial reopening as a pilot phase to monitor compliance of owners/operators of gyms and fitness centers with this guidance, including inspections, and assess the public health conditions associated with gym and fitness center reopening, including any changes in COVID-19 transmission.”

Gyms and fitness centers should be sure to read the guidance document thoroughly, submit a business affirmation, and complete the safety plan prior to reopening.

NY FORWARD SAFETY PLAN.

INTERIM GUIDANCE FOR GYMS & FITNESS CENTERS DURING THE COVID-19 PUBLIC HEALTH EMERGENCY.

Travel Advisory

Governor Cuomo has added Rhode Island to the list of states for the incoming travel advisory. Delaware and Washington D.C. have been removed. Below are the links with helpful information on the travel advisory, including the homepage and a helpful FAQ.​

• COVID-19 Travel Advisory Webpage (https://coronavirus.health.ny.gov/covid-19-travel-advisory)
• Interim Guidance on Travel Advisory (https://coronavirus.health.ny.gov/system/files/documents/2020/06/interimguidance_traveladvisory.pdf)
• Interim Guidance for Professional Sports on Advisory (https://coronavirus.health.ny.gov/system/files/documents/2020/07/professional-sports-travel-advisory-guidance.pdf)
• Interim Guidance for Medical Appointments/Treatment on Advisory (https://coronavirus.health.ny.gov/system/files/documents/2020/07/medical-and-travel-advisory-20-final.pdf)
• Frequently Asked Questions (FAQs) on Advisory (https://coronavirus.health.ny.gov/system/files/documents/2020/07/nys-covid-travel-advisory-faq_0.pdf)

New York Extends Rent Relief Application Through August 6^th

The application period for the state’s Covid Rent Relief Program has been extended from July 30^th to August 6^th. Click here for the application and more details: https://hcr.ny.gov/RRP.

An announcement from the New York State Department of Labor

Under current Federal law and US DOL guidelines, this is the last benefit week for $600 Federal

Pandemic Unemployment Compensation, or FPUC, payments in New York. That means when your

unemployed constituents submit their weekly certification between Sunday 7/26 and Saturday 8/1,

they will be certifying for their final week of FPUC. This may change if Congress takes action to extend

Americans’ unemployment benefits. The Department of Labor will provide updates on any changes

through direct emails to your unemployed constituents, through the Department website, labor.ny.gov,

and through the DOL social media accounts on Twitter (@NYSLabor), Facebook (facebook.com/nyslabor)

and Instagram (@nyslabor).

Help us keep our phone lines clear so that New Yorkers who need help with their specific claims can

reach us. Please encourage people who have questions about FPUC extensions to visit our website

labor.ny.gov or follow us on social media for the latest information.

IN ADDITION, PLEASE NOTE TWO RECENT BENEFIT EXTENSIONS:

1. Traditional Unemployment Insurance (UI) benefits are now extended for up to 59 weeks:

Traditional UI lasts for 26 weeks in New York, and has been extended by both the Pandemic

Emergency Unemployment Compensation (PEUC) program, which adds 13 weeks, and the

Extended Benefits (EB) program, which adds an additional 20 weeks.

2. Pandemic Unemployment Assistance (PUA) benefits are now extended for up to 46 weeks:

Under Federal law, those receiving Pandemic Unemployment Assistance (PUA) are not eligible

for PEUC or EB, but are now eligible for up to 46 weeks of benefits in New York – up from the

original 39 weeks.

In order for your constituents to continue receiving their UI or PUA benefits, they must continue

to certify every week. They do not need to re-apply or contact the NYS DOL, unless they are

specifically told to do so. New Yorkers can certify online at labor.ny.gov/signin or on the phone by

calling 1-888-581-5812 (for UI) or 1-833-324-0366 (for PUA).

To learn more about Extended Benefits, they can visit the PEUC and EB FAQs at

https://www.labor.ny.gov/ui/pdfs/extended-benefits-faq.pdf.

• COVID-19 Travel Advisory Webpage (https://coronavirus.health.ny.gov/covid-19-travel-advisory)
• Interim Guidance on Travel Advisory (https://coronavirus.health.ny.gov/system/files/documents/2020/06/interimguidance_traveladvisory.pdf)
• Interim Guidance for Professional Sports on Advisory (https://coronavirus.health.ny.gov/system/files/documents/2020/07/professional-sports-travel-advisory-guidance.pdf)
• Interim Guidance for Medical Appointments/Treatment on Advisory (https://coronavirus.health.ny.gov/system/files/documents/2020/07/medical-and-travel-advisory-20-final.pdf)

Frequently Asked Questions (FAQs) on Advisory (https://coronavirus.health.ny.gov/system/files/documents/2020/07/nys-covid-travel-advisory-faq_0.pdf)

GOVERNOR CUOMO ANNOUNCES INDIVIDUALS TRAVELING TO NEW YORK FROM THREE ADDITIONAL STATES, PUERTO RICO AND WASHINGTON D.C. WILL BE REQUIRED TO QUARANTINE FOR 14 DAYS

Announces Illinois, Kentucky, Minnesota, Puerto Rico and Washington D.C. Meet Metrics to Qualify for Travel Advisory

Announces SLA and State Police Task Force Observed 26 Additional Violations from Establishments for Violating Social Distancing Requirements

Offers to Allow Major League Baseball Teams to Come Play In New York

Renews Calls on Congress to Pass a Stimulus Package that Includes Funding for State and Local Governments

Updates New Yorkers on State's Investigation into Chainsmokers Concert in Southampton

Lowest Number of Intubations—81—Since March 15

0.93 Percent of Yesterday's COVID-19 Tests were Positive

9 COVID-19 Deaths in New York State Yesterday

Confirms 534 Additional Coronavirus Cases in New York State - Bringing Statewide Total to 412,878; New Cases in 38 Counties

Governor Andrew M. Cuomo today announced that three additional states, Puerto Rico and Washington, D.C. meet the metrics to qualify for the travel advisory requiring individuals who have traveled to New York from those areas, all of which have significant community spread, to quarantine for 14 days. The newly-added states are Illinois, Kentucky and Minnesota. No states have been removed. The quarantine applies to any person arriving from an area with a positive test rate higher than 10 per 100,000 residents over a 7-day rolling average or an area with a 10 percent or higher positivity rate over a 7-day rolling average.

Governor Cuomo also announced that the joint State Liquor Authority and New York State Police Task Force observed 26 additional violations of state social distancing requirements yesterday. The task force conducted 644 compliance checks last night.

The governor also renewed his call on Congress to include funding for state and local governments in the next stimulus package.

Governor Cuomo also offered to have Major League Baseball teams come play in New York if they are experiencing difficulties in their home states. 

"Our job is to do everything we can to control COVID and anticipate possible future issues, and in that regard, the issues we watch are the infection rates spreading across the country and compliance with the rules that we now have in place across the state," Governor Cuomo said. "The situation across the nation is still very bad and there are more states that have exceeded our thresholds for quarantine."

"New York State has one of the lowest infection rates in the U.S.," Governor Cuomo continued. "We have a full Department of Health protocol system in place, and I offer to the MLB, if you are having problems playing in other states, come play here - we will set up a health protocol."

The governor also updated New Yorkers on the state's investigation into a concert in Southampton that received widespread press and social media attention. Yesterday, New York State Health Commissioner Dr. Howard Zucker sent a letter to the Town of Southampton requesting information on the concert within 24 hours and advising the town that New York State will conduct an investigation and assess the penalties associated with any violations of public health laws or regulations.

The full, updated travel advisory list is below:

• Alabama
• Alaska
• Arizona
• Arkansas
• California
• Delaware
• District of Columbia
• Florida
• Georgia
• Idaho
• Illinois
• Indiana
• Iowa
• Kansas
• Kentucky
• Louisiana
• Maryland
• Minnesota
• Mississippi
• Missouri
• Montana
• Nebraska
• Nevada
• New Mexico
• North Carolina
• North Dakota
• Ohio
• Oklahoma
• Puerto Rico
• South Carolina
• Tennessee
• Texas
• Utah
• Virginia
• Washington
• Wisconsin

Today's data is summarized briefly below:

• Patient Hospitalization - 648 (+6)
• Patients Newly Admitted - 68
• Hospital Counties - 29
• Number ICU - 152 (+3)
• Number ICU with Intubation - 81 (-3)
• Total Discharges - 72,813 (+47)
• Deaths - 9
• Total Deaths - 25,126

Of the 57,397 test results reported to New York State yesterday, 534, or 0.93 percent, were positive. Each region's percentage of positive test results reported over the last three days is as follows:

The Governor also confirmed 534 additional cases of novel coronavirus, bringing the statewide total to 412,878 confirmed cases in New York State. Of the 412,878 total individuals who tested positive for the virus, the geographic breakdown is as follows:

Yesterday, there were 9 deaths due to COVID-19 in New York State, bringing the total to 25,126. A geographic breakdown is as follows, by county of residence:

The NY Forward Loan Fund is still open and accepting applications. The loan fund provides working capital to help business with the costs of reopening from COVID-19. Eligible applicants include small businesses with fewer than 20 employees, small landlords, and nonprofits. You can find out more about the program and apply at this link: https://esd.ny.gov/nyforwardloans-info.

Department of Health Emergency Regulations

Enforcement of Social Distancing Measures

10 NYCRR Subpart 66-3 is intended to codify, and assist in the enforcement of, existing Executive Orders mandating face coverings, social distancing requirements, restricting non-essential gatherings, and the operation of non-essential businesses. The regulation allows violations to be charged as a violation of public health law, subject to the following penalties:

Penalties -- 10 NYCRR § 66-3.4

• Violations of these regulations by individuals are subject to a maximum fine of $1000 per violation per day, as well as any other penalties that may be established in law.

Additionally, a willful violation of this regulation is a violation of Section 12-b of the Public Health Law, which is punishable by a fine of up to $10,000.

Face-Coverings -- 10 NYCRR § 66-3.2

• Any person over two years of age and able to medically tolerate a face-covering must wear a mask or face-covering when in public and unable to maintain social distance.

• • Passengers over the age of two and able to tolerate a face-covering must wear a mask or face covering when on public transport or private for-hire transport.
     
  • Drivers or other employees of transportation carriers must wear a mask or face-covering if there are paying passengers on such transport.
     
  • Any employee present in the workplace must be provided a mask or face-covering and must wear it when in contact with customers or the public, or unable to socially distance
     
  • Business operators and building owners must deny entry and/or remove any person who fails to comply with face-covering requirements.
     
  • Adequate face coverings include cloth masks, surgical masks, N-95s, and face shields.
     
  • To maintain social distance, persons must keep at least 6 feet away from any other person, other than their own family members.

Non-Essential Gatherings -- 10 NYCRR § 66-3.3

• Limits non-essential gatherings to the gathering limit set by Executive Order establishing such limit in the region (currently, 25 in Phase 3, 50 in Phase 4).

• • Prohibits any person from encouraging or promoting any non-essential gathering on any public property.
  • This intended to prevent businesses from evading responsibility for a non-essential gathering occurring off the business’s premises, but as a result of the business’s actions.
     
  • Requires that any non-essential gathering that is allowed to proceed must comply with social distancing protocols.
     
  • Provides that restrictions on non-essential gatherings do not apply to essential businesses (noting that such businesses must still comply with NY Forward guidance).

 Non-Essential Businesses -- 10 NYCRR § 66-3.4

• All non-essential businesses must reduce their in-person work force by 100% pursuant to Executive Order 202.8; however the state’s phased reopening has allowed most industries to reopen so long as Department of Health guidance is adhered to.

• • This regulation is subject to modification by Executive Orders implementing the phased re-opening of NY, including already issued Executive Orders for each phase.
     
  • Essential businesses include those listed in the regulation, and those determined essential by Empire State Development, as well as businesses and industries that have been allowed to reopen pursuant to NY Forward Executive Orders.

​ 

Additional news available at www.governor.ny.gov
New York State | Executive Chamber |press.office@exec.ny.gov | 518.474.8418

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New York Forward Child Care Expansion Incentive One-Time Reopening/Restructuring and Temporary Operating Assistance Grants 

The New York State Office of Children and Family Services (OCFS) is accepting applications for two separate grants available through NYS with funding from the federal CARES Act related to the COVID-19 pandemic.

The deadline for submission has been extended to July 22, 2020.

OCFS will put forward $65 million for the second installment of the CARES funding to incentivize reopening of closed programs and the expansion of child care capacity in open programs to assist in reopening efforts of New York Forward.

·       $20 million to assist reopening and expansion of capacity by providing materials and activities to support a more socially distant model, and for supplies associated with reopening and expansion. 

·       $45 million in Reopening and Expansion Incentive Temporary Assistance.

This is a noncompetitive application. 

Programs can apply for both grants. To determine eligibility, go to the OCFS-5450 Application, Part IV. 

Legally exempt providers are only eligible for the One-Time Grants for Reopening/Restructuring Materials, Activities, and Supplies grant.

Visit the OCFS Website for more details, instructions &

a budget template.

GOVERNOR CUOMO ANNOUNCES LONG ISLAND CLEARED BY GLOBAL PUBLIC HEALTH EXPERTS TO ENTER PHASE 4 OF REOPENING TOMORROW

Additional news available at www.governor.ny.gov
New York State | Executive Chamber |press.office@exec.ny.gov | 518.474.8418

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