This information was last updated on Thursday, April 2, 2020 at 12:40 pm
ORDER FROM THE GOVERNOR
Governor Sununu announced that as of Friday, March 27, 2020 at 11:59pm there is a Stay-at-Home order which restricts public movements and bars all non-essential businesses from opening. Restaurants and bars providing patrons by takeout, delivery, and drive-through services are deemed essential. Hotel and lodging facilities are also considered essential.
We are working closely with state and federal resources and will make updates to this page as information becomes available. You will find information, resources, and tips on this page. We know there is a lot to digest. Please scroll through to find the resources you need and as always, we are here if you need us and can be reached at (603) 228-9585.
FOR EMPLOYERS
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FOR EMPLOYEES
FOR ALL
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- CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT (CARES ACT)-
An executive summary of how the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) is now available below for both restaurants and lodging establishments. Both summaries go into detail on the following relief measures:
- Paycheck Protection Program
- Qualified Improvement Property
- Employee Retention Tax Credit
- Community Development Block Grants (CDBG)
- Modifications for Net Operating Losses (NOLs)
- Delay of Payment of Employer Payroll Taxes
- Temporary exception from excise tax for alcohol used to produce hand sanitizer
- Additional Tax Relief
- Emergency Relief and Taxpayer Protections
- U.S. SBA DISASTER ECONOMIC INJURY LOAN -
New Hampshire is one of the earliest states approved by the Small Business Administration (SBA) for Economic Impact Disaster Declaration. Businesses affected by the COVID-19 outbreak can now apply for economic impact relief. We are encouraging all affected businesses to submit an application.
To begin a new application:
For more information and to apply, please visit the SBA website , email disastercustomerservice@sba.gov or call the SBA toll-free line at 1-800-659-2955 if you have any questions. You can also join webinars at 9:00 am and 2:00 pm daily, via Skype, to give an overview of the program and to answer any questions. You can join the Skype meeting here or call in at Toll number: +1 (202) 765-1264, 522409519# (Dial-in Number), using the conference ID: 522409519.
To begin a new application:
- Start the process here: https://covid19relief.sba.gov/#/.
- You will be asked to fill in some basic information about your business and the business owners.
- On the last screen, if you opt in to the $10,000 request for emergency funds, you will need to supply your bank account and routing number.
- You will see a summary of all your information that you can review prior to submitting your application.
- You will not be asked to upload any documentation at submittal; however, you may be asked for supporting information at a later date.
For more information and to apply, please visit the SBA website , email disastercustomerservice@sba.gov or call the SBA toll-free line at 1-800-659-2955 if you have any questions. You can also join webinars at 9:00 am and 2:00 pm daily, via Skype, to give an overview of the program and to answer any questions. You can join the Skype meeting here or call in at Toll number: +1 (202) 765-1264, 522409519# (Dial-in Number), using the conference ID: 522409519.
- NH DEPARTMENT OF REVENUE RELIEF -
The NH Department of Revenue has offered relief for business, interest, and dividend taxes. Relief allows 98% of taxpayers to file and pay for tax year 2019 by June 15th without penalties or interest. Safe harbors have been created to ease complications associated with federal tax day extension. You can see the full press release from the NH Department of Revenue here.
- ADDITIONAL FINANCIAL ASSISTANCE -
New Hampshire Hospitality Compensation Trust (NHHCT)
In response to the Governor’s decision to close restaurants for three weeks, NHHCT is suspending payment of contributions for one month. We will monitor further developments and make further adjustments accordingly. Your workers’ compensation coverage will continue, and you may want to adjust your payroll estimates for the remainder of the year to reduce costs.
NH Business Finance Authority (BFA)-CAP Program
The Capital Access Program (CAP) is a simple and flexible credit enhancement for small businesses utilized by New Hampshire banks. The CAP program provides support on term loans and lines of credit up to $200,000.00. The program can be used for temporary loans, working capital, equipment purchases, and many long term uses. More information can be found here: https://nhbfa.com/loans/cap/
BFA Temporary Loans
Direct loans from the NH Business Finance Authority for any business purpose with a maximum of $200,000.00 and a maximum loan term of three years. Loans have flexible amortization schedules and are contingent on satisfactory underwriting. Loans require approval by the NH Executive Council. More information can be found here: https://nhbfa.com/contact-us/
Eversource
In addition to postponing customer disconnections for non-payment and assisting customers with financial programs to help pay their bill, Eversource is also providing extended payment arrangements for small business customers. In normal operations, small business customers get up to three months for bill payment arrangements. To support small business customers through the COVID-19 crisis, Eversource is offering a $0 down payment and a 12-month payment arrangement, with the first payment not due until June 1st. The full letter to business leaders from Eversource can be found here.
In response to the Governor’s decision to close restaurants for three weeks, NHHCT is suspending payment of contributions for one month. We will monitor further developments and make further adjustments accordingly. Your workers’ compensation coverage will continue, and you may want to adjust your payroll estimates for the remainder of the year to reduce costs.
NH Business Finance Authority (BFA)-CAP Program
The Capital Access Program (CAP) is a simple and flexible credit enhancement for small businesses utilized by New Hampshire banks. The CAP program provides support on term loans and lines of credit up to $200,000.00. The program can be used for temporary loans, working capital, equipment purchases, and many long term uses. More information can be found here: https://nhbfa.com/loans/cap/
BFA Temporary Loans
Direct loans from the NH Business Finance Authority for any business purpose with a maximum of $200,000.00 and a maximum loan term of three years. Loans have flexible amortization schedules and are contingent on satisfactory underwriting. Loans require approval by the NH Executive Council. More information can be found here: https://nhbfa.com/contact-us/
Eversource
In addition to postponing customer disconnections for non-payment and assisting customers with financial programs to help pay their bill, Eversource is also providing extended payment arrangements for small business customers. In normal operations, small business customers get up to three months for bill payment arrangements. To support small business customers through the COVID-19 crisis, Eversource is offering a $0 down payment and a 12-month payment arrangement, with the first payment not due until June 1st. The full letter to business leaders from Eversource can be found here.
- EMPLOYEE RELIEF FUNDING -
The New Hampshire Hospitality Employee Relief Fund (NHHERF) was built by the New Hampshire Lodging & Restaurant Association (NHLRA) and the New Hampshire Lodging & Restaurant Association Education Foundation to support employees of the hospitality industry who have been impacted by COVID-19. Please visit nhherf.org for eligibility requirements and to apply.
Through the Restaurant Employee Relief Fund, the National Restaurant Association Educational Foundation will provide grants to restaurant industry employees who have been adversely impacted by COVID-19, financially, whether through a decrease in wages or loss of employment. Please visit Apply for Aid for eligibility requirements and to apply.
Through the Restaurant Employee Relief Fund, the National Restaurant Association Educational Foundation will provide grants to restaurant industry employees who have been adversely impacted by COVID-19, financially, whether through a decrease in wages or loss of employment. Please visit Apply for Aid for eligibility requirements and to apply.
- COVID-19 FEDERAL ASSISTANCE PACKAGE -
President Trump signed a $100 billion coronavirus aid package, the Families First Coronavirus Response Act (FFCRA), into law on Thursday, March 19th. It includes two provisions relevant to employers:
Guidance from the US Department of Labor for employers can be found here.
Guidance from the US Department of Labor for employees can be found here.
- Providing paid leave to employees forced to miss work because of the COVID-19 outbreak; an emergency expansion of the Family Medical Leave Act (FMLA).
- New federal paid sick leave law.
- This new law covers employers with 500 or fewer employees.
- The leave provisions will go into effect on April 2nd.
Guidance from the US Department of Labor for employers can be found here.
Guidance from the US Department of Labor for employees can be found here.
- RESTAURANT AND HOTEL SANITATION GUIDELINES -
In an effort to assist restaurant and lodging facilities to adopt best practices in sanitation during the COVID-19 outbreak, the NHLRA has created cleaning and sanitation guidelines. Printable guidelines can be found below and for additional resources, please visit our partners at Ecolab.
- TAKE-OUT AND DELIVERY FOOD SAFETY GUIDELINES -
GUIDELINES FOR SAFE TAKE-OUT
ALCOHOL TAKE-OUT AND DELIVERYThe Governor has issued an emergency order temporarily allowing restaurants to provide a limited amount of beer and wine in conjunction with take-out and delivery food orders. Please be aware:
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WHAT ABOUT OTHER HOSPITALITY ESTABLISHMENTS?
The Executive Order prohibits on premise dining or drinking in any establishment that sells food or drink. This includes catering companies and breweries as well as lodging facilities and other events venues. Guests should not congregate in lobbies or public areas.
FREE COVID-19 SERVSAFE TRAINING
ServSafe will be releasing two new training videos, free to you, your employees, and the industry, to reinforce safe food handling with a focus on practices to keep food and employees safe during coronavirus outbreak.
ServSafe Take-Out: COVID-19 Precautions ServSafe Delivery: COVID-19 Precautions In addition, to supporting restaurant workers on the front line, ServSafe is making its standard, ANSI accredited, online ServSafe Food Handler training program available free of charge through April 30, 2020. Upon successfully passing the exam, employees will receive the ServSafe Food Handler certificate that is recognized in many states and local jurisdictions with food handler training and permit regulations. To take advantage of this free ServSafe Food Handler, you can direct your employees to ServSafe.com. Each employee will get access to one free Food Handler course by going through this link. To learn more about these programs, please review the ServSafe Free Course & Resources page below. |
SHOULD I REMAIN OPEN FOR TAKE-OUT AND DELIVERY OR CLOSE?
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BUSINESS CLOSURE / SUSPENSION TIPS
- GUIDE TO UNEMPLOYMENT BENEFITS FOR HOSPITALITY EMPLOYEES -
GOVERNOR'S ORDER ON UNEMPLOYMENT |
WHO IS ELIGIBLE FOR UNEMPLOYMENT BENEFITS |
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Unemployment compensation is available immediately with no waiting period.
HOW DO YOU FILE FOR UNEMPLOYMENT?There are two ways to file a claim for Unemployment Benefits:
ONLINE: File a new claim or refile your existing claim anytime using the New Hampshire Employment Security online claim system. PHONE: Contact Unemployment Assistance Hotline at (603) 271-7700 to file a new claim or refile your claim during normal business hours. 
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All employees and business owners who have lost their jobs or had their hours cut due to the COVID-19 outbreak are eligible for unemployment benefits.
Tipped employees are eligible for unemployment based on total amount of wages claimed. When filling out the unemployment form, they should claim their hourly base wage and New Hampshire Employment Security will calculate their benefit amount based on all wages claimed. WHAT IF I AM SELF-EMPLOYED?Those who are self-employed and filing a claim for unemployment have a two step process to be approved.
WILL MY UNEMPLOYMENT INSURANCE RATE SKYROCKET?No, unemployment compensation benefits paid due to COVID-19 related layoffs will be charged against the unemployment compensation trust fund and not assigned against the account of the most recent employer.
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- DEPARTMENT OF LABOR -
Per our discussions with the Department of Labor, it is our understanding there will be no audits or inspections for the time being. Exceptions to this will be if there is a complaint filed for non-payment of wages for hours worked or for not having Workers' Compensation Insurance coverage for employees working. The Department will also be deferring any current penalties until June 1st.
The strict reading of RSA 275:43 V. requires accrued paid time off to be paid out upon leaving employment. Considering the current situation, the Department has indicated that they would not stand in the way of an agreement between an employee and employer that would allow for a payment plan over time. We would encourage businesses to document the agreement and have the employee sign it for back-up should this come up in the future.
If you have specific questions, please contact the DOL directly at (603) 271-3176.
The strict reading of RSA 275:43 V. requires accrued paid time off to be paid out upon leaving employment. Considering the current situation, the Department has indicated that they would not stand in the way of an agreement between an employee and employer that would allow for a payment plan over time. We would encourage businesses to document the agreement and have the employee sign it for back-up should this come up in the future.
If you have specific questions, please contact the DOL directly at (603) 271-3176.
WARN ACT
The WARN Act imposes restrictions on the way layoffs and plant closings are handled. It is designed to give employees advance notice of a layoff in order to find another job or to seek retraining in a new occupation and to give the state adequate notice to prepare to assist affected workers. During this time, WARN notices are NOT be required to be filed.
PAID LEAVE
The Department of Labor is working on regulations and guidance and we will do our best to share these with you as they become available. You can find guidance developed so far at https://www.dol.gov/agencies/whd/pandemic. You can also find other labor-related information regarding the coronavirus on the Department of Labor website and please make sure to sign up for email updates from U.S. DOL if you have not yet done so.
NEW REFUNDABLE PAYROLL TAX CREDITS
On March 23, 2020, the U.S. Treasury Department, Internal Revenue Service, and the U.S. Department of Labor announced that small and midsize employers can begin taking advantage of two new refundable payroll tax credits, designed to immediately and fully reimburse them, dollar-for-dollar, for the cost of providing Coronavirus-related leave to their employees. This relief to employees and small and midsize businesses is provided under the Families First Coronavirus Response Act, signed by President Trump on March 18, 2020.
The act will help the United States combat and defeat COVID-19 by giving all American businesses with fewer than 500 employees funds to provide employees with paid leave, either for the employee’s own health needs or to care for family members. The legislation will enable employers to keep their workers on their payrolls, while at the same time ensuring that workers are not forced to choose between their paychecks and the public health measures needed to combat the virus.
For more information about these credits and other relief, visit Coronavirus Tax Relief on IRS.gov. Information regarding the process to receive an advance payment of the credit will be posted next week.
The U.S. Department of the Treasury, IRS, and the U.S. Department of Labor plan to implement coronavirus-related paid leave for workers and tax credits for small and midsize businesses to swiftly recover the cost of providing coronavirus-related leave. Here is the link to the release.
NEW REFUNDABLE PAYROLL TAX CREDITS
On March 23, 2020, the U.S. Treasury Department, Internal Revenue Service, and the U.S. Department of Labor announced that small and midsize employers can begin taking advantage of two new refundable payroll tax credits, designed to immediately and fully reimburse them, dollar-for-dollar, for the cost of providing Coronavirus-related leave to their employees. This relief to employees and small and midsize businesses is provided under the Families First Coronavirus Response Act, signed by President Trump on March 18, 2020.
The act will help the United States combat and defeat COVID-19 by giving all American businesses with fewer than 500 employees funds to provide employees with paid leave, either for the employee’s own health needs or to care for family members. The legislation will enable employers to keep their workers on their payrolls, while at the same time ensuring that workers are not forced to choose between their paychecks and the public health measures needed to combat the virus.
For more information about these credits and other relief, visit Coronavirus Tax Relief on IRS.gov. Information regarding the process to receive an advance payment of the credit will be posted next week.
The U.S. Department of the Treasury, IRS, and the U.S. Department of Labor plan to implement coronavirus-related paid leave for workers and tax credits for small and midsize businesses to swiftly recover the cost of providing coronavirus-related leave. Here is the link to the release.
- EDUCATION/ TRAINING RESOURCES -
Reinforce your hospitality skills with FREE career-focused training! The American Hotel & Lodging Association - AHLA Educational Institute and the National Restaurant Association's ServSuccess program have partnered to offer five popular, career-advancing training classes free of charge to industry employees throughout April. The available courses include:
- American Hotel & Lodging Educational Institute (AHLEI): Supervisory Skill Builders, Hospitality Manager: Leadership, and Certified Hotel Administrator (CHA) Review courses
- ServSuccess: Restaurant Professional and Restaurant Supervisor learning suites
For more information or to register for one of the free courses, go to servsafe.com/freecourses.
- American Hotel & Lodging Educational Institute (AHLEI): Supervisory Skill Builders, Hospitality Manager: Leadership, and Certified Hotel Administrator (CHA) Review courses
- ServSuccess: Restaurant Professional and Restaurant Supervisor learning suites
For more information or to register for one of the free courses, go to servsafe.com/freecourses.
- ADDITIONAL RESOURCES -
The New Hampshire Department of Business and Economic Affairs (BEA) is actively monitoring the evolving situation with regard to the threat the coronavirus (COVID-19) presents to our state. They are providing a variety of up-to-date resources for COVID-19 in New Hampshire.
NH Department of Health and Human Services (DHHS) provides services to ensure the health and well-being of citizens during a layoff. Dislocated workers can discuss healthcare options, apply for food stamps, cash assistance, medical assistance, childcare and medical savings. Individuals can apply online at https://nheasy.nh.gov or by calling (603) 271-9700.
NH Department of Health and Human Services (DHHS) provides services to ensure the health and well-being of citizens during a layoff. Dislocated workers can discuss healthcare options, apply for food stamps, cash assistance, medical assistance, childcare and medical savings. Individuals can apply online at https://nheasy.nh.gov or by calling (603) 271-9700.
211 NH is the connection for New Hampshire residents to the most up to date resources they need from specially trained Information and Referral Specialists. 211 NH is available 24 hours, 365 days a year. Multilingual assistance and TDD access is also available. Connect with 211 NH if you need assistance with mental health and substance abuse services, income security, legal assistance, and more.
Centers for Disease Control and Protection is a valuable resource during this rapidly changing situation. Please visit their website for up to date information on COVID-19.
The National Restaurant Association has drafted a sample letter to be used, in the event of a 'Shelter in Place' order, for hospitality operators and staff to demonstrate that they are essential personnel in jurisdictions where only essential personnel are allowed to work. This has been created by the Restaurant Law Center, reviewed by several Chief Legal Officers, and is based upon the federal guidance that we have shared that deems restaurants, hotels and their employees employees essential.
The National Restaurant Association and The American Hotel & Lodging Association are actively engaged with local, state, and federal officials to help employers and employees address this public health emergency.
The New Hampshire Food Bank is encouraging the community to utilize their website whenever possible. If you have items that are not needed or you are looking to donate, please visit the New Hampshire Food Bank website to find a pantry closest to you. The New Hampshire Food Bank has currently ramped up their meal production as there is already a significant request for feeding opportunities around the state amid the COVID-19 epidemic.
