Coronavirus FAQs
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First, the legal disclaimer: The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. You should contact your attorney to obtain advice with respect to any particular legal matter.
Second: this is a living document that will be updated as questions come in and answers change. The page will have a last updated tag and any changes to specific answers will be marked in a different color and timestamped. Last updated: August 3 at 11:44 a.m. |
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Alcohol Licenses
Will the PLCB accept returns on unopened bottles of product that has been purchased in the last 30 days?
No. The PLCB is closed.
Do I need to send my liquor license to the PLCB while I am closed?
No. That provision is suspended indefinitely.
Do I have to renew my liquor license?
No. Liquor license renewals are not required at this time.
Is the PLCB was allowing restaurants to offer one bottle of wine for sale with takeout purchases without having a Wine Expanded Permit?
No. This is technically illegal.
Has the PLCB allowed "R" licensees to sell up to 3 liters of wine to go during the pandemic?
No. The PLCB has declined to allow restaurants to sell wine to go without a Wine Expanded Permit.
What is the rule for the adult slushies that distributors sell? Can an "R" license sell them?
There are different types of “adult slushies” depending on the type of alcohol that is used, and different ones can be sold in different places. The ones sold by beer distributors can only be made with malt or brewed beverages. They can only be sold for off-premises consumption, they cannot be mixed with anything (not even ice), and they must be sold in a refillable container that can be resealed. The same requirements that apply to tap cleaning apply to cleaning these slushie machines. As an R licensee, you are allowed to sell slushies made with malt or brewed beverages to go as long as you follow these same guidelines. If you have a wine expanded permit, you can also sell slushies made with wine to go. You are NOT allowed to sell slushies made with liquor or spirits.
How do I apply for a Transporter-for-Hire permit?
Retail licensees can apply for a Class B Transporter-for-Hire license at PLCB+, which allows you to sell malt and brewed beverages for delivery. The cost is $700 for a new application + $30 filing fee + $160 for the license itself. The annual renewal fee is $160. PLEASE NOTE: Even if you have a Wine Expanded Permit, there is no way under current legislation for you to deliver wine to go.
Who can participate in the PLCB's Special Order program?
Licensees with a valid retail license and wine expanded permit can obtain Special Order products.
How does the program work?
Special orders must be placed and processed per usual through the Special Order portal and LOOP. Review the program parameters outlined by the PLCB here.
Where are the licensee retail centers?
There are 13 licensee retail centers around the state. Erie County licensees can use their Erie home store.
When does the program start?
Licensees may request to change their home store to an LSC/Erie store if needed right now. The Special Order portal opens April 22 to accept orders. Licensees my begin picking up SOs at LSCs/Erie store by appointment, starting April 24.
On your April 15 industry update webinar, you mentioned a $250 PLCB license to distribute spirits is being considered in the Legislature. Is there any wording we can utilize to reach out to our legislators in support of this effort?
Simply say that this license would allow "R" licensees to sell spirits over the course of the pandemic. Please keep in mind that grocery stores have the same "R" license so you may want to wait to make a legislative ask until we have product available to licensees again through the PLCB store.
Some people who have seen articles on mixed drink to go sales have asked about socially distanced parking lot dining with purchased drinks. Would that violate our approved selling footprint?
If a person drinks in your parking lot, then they are violating the open container law. The intent is not for people to drink the to go drink in the parking lot but to transport it home unopened for consumption there.
Should we wait to file an extension of premise for the automatic approval process to be implemented or should we be proactive and file immediately?
Wait to file the extension of premise. We are currently working with the PLCB on a temporary extension that will have no cost and immediate timeline. If you file now (proactively), there is a cost and a waiting period to get approved.
The PLCB has provided additional guidance to licensees in the following two documents:
Licensee Guidance (word document)
Licensee Compliance (pdf)
No. The PLCB is closed.
Do I need to send my liquor license to the PLCB while I am closed?
No. That provision is suspended indefinitely.
Do I have to renew my liquor license?
No. Liquor license renewals are not required at this time.
Is the PLCB was allowing restaurants to offer one bottle of wine for sale with takeout purchases without having a Wine Expanded Permit?
No. This is technically illegal.
Has the PLCB allowed "R" licensees to sell up to 3 liters of wine to go during the pandemic?
No. The PLCB has declined to allow restaurants to sell wine to go without a Wine Expanded Permit.
What is the rule for the adult slushies that distributors sell? Can an "R" license sell them?
There are different types of “adult slushies” depending on the type of alcohol that is used, and different ones can be sold in different places. The ones sold by beer distributors can only be made with malt or brewed beverages. They can only be sold for off-premises consumption, they cannot be mixed with anything (not even ice), and they must be sold in a refillable container that can be resealed. The same requirements that apply to tap cleaning apply to cleaning these slushie machines. As an R licensee, you are allowed to sell slushies made with malt or brewed beverages to go as long as you follow these same guidelines. If you have a wine expanded permit, you can also sell slushies made with wine to go. You are NOT allowed to sell slushies made with liquor or spirits.
How do I apply for a Transporter-for-Hire permit?
Retail licensees can apply for a Class B Transporter-for-Hire license at PLCB+, which allows you to sell malt and brewed beverages for delivery. The cost is $700 for a new application + $30 filing fee + $160 for the license itself. The annual renewal fee is $160. PLEASE NOTE: Even if you have a Wine Expanded Permit, there is no way under current legislation for you to deliver wine to go.
Who can participate in the PLCB's Special Order program?
Licensees with a valid retail license and wine expanded permit can obtain Special Order products.
How does the program work?
Special orders must be placed and processed per usual through the Special Order portal and LOOP. Review the program parameters outlined by the PLCB here.
Where are the licensee retail centers?
There are 13 licensee retail centers around the state. Erie County licensees can use their Erie home store.
When does the program start?
Licensees may request to change their home store to an LSC/Erie store if needed right now. The Special Order portal opens April 22 to accept orders. Licensees my begin picking up SOs at LSCs/Erie store by appointment, starting April 24.
On your April 15 industry update webinar, you mentioned a $250 PLCB license to distribute spirits is being considered in the Legislature. Is there any wording we can utilize to reach out to our legislators in support of this effort?
Simply say that this license would allow "R" licensees to sell spirits over the course of the pandemic. Please keep in mind that grocery stores have the same "R" license so you may want to wait to make a legislative ask until we have product available to licensees again through the PLCB store.
Some people who have seen articles on mixed drink to go sales have asked about socially distanced parking lot dining with purchased drinks. Would that violate our approved selling footprint?
If a person drinks in your parking lot, then they are violating the open container law. The intent is not for people to drink the to go drink in the parking lot but to transport it home unopened for consumption there.
Should we wait to file an extension of premise for the automatic approval process to be implemented or should we be proactive and file immediately?
Wait to file the extension of premise. We are currently working with the PLCB on a temporary extension that will have no cost and immediate timeline. If you file now (proactively), there is a cost and a waiting period to get approved.
The PLCB has provided additional guidance to licensees in the following two documents:
Licensee Guidance (word document)
Licensee Compliance (pdf)
Beer Sales
Are customers required to order food along with any to-go beer purchases?
No. Customers can order just beer.
Can orders for beer be placed online and ordered with a credit card?
Orders can be prepaid online with a credit card.
What is the protocol for checking IDs safely when the customer picks up the beer?
Even if the customers prepays online with a credit card IDs need to be checked to ensure the person is over 21. If the customer is wearing a mask, they can remove it to prove they are the person on the ID. ID scanners can also be used to ensure the customer is over the age of 21.
Are draft beers permitted in sealed containers up to 64 ounces?
Yes. You are allowed to sell growlers and crowlers. Make sure you clean growlers appropriately prior to filling. Also make sure your lines are cleaned and serviced again.
We've been told that the PLCB is relaxing cleaning of beer lines to every 14 days. Are we still required to clean every 7 days or is it now 14?
This change has not occurred yet and PRLA is working on advocating for it. The proposal is with the IRC for review and we expect them to approve the change. Stay tuned to the Daily Update for details.
Can you sell draft beer in to-go cups with sealed lids (not growlers)?
Yes but this transaction is still subject to open container laws. The to-go cup must be sealed to comply.
No. Customers can order just beer.
Can orders for beer be placed online and ordered with a credit card?
Orders can be prepaid online with a credit card.
What is the protocol for checking IDs safely when the customer picks up the beer?
Even if the customers prepays online with a credit card IDs need to be checked to ensure the person is over 21. If the customer is wearing a mask, they can remove it to prove they are the person on the ID. ID scanners can also be used to ensure the customer is over the age of 21.
Are draft beers permitted in sealed containers up to 64 ounces?
Yes. You are allowed to sell growlers and crowlers. Make sure you clean growlers appropriately prior to filling. Also make sure your lines are cleaned and serviced again.
We've been told that the PLCB is relaxing cleaning of beer lines to every 14 days. Are we still required to clean every 7 days or is it now 14?
This change has not occurred yet and PRLA is working on advocating for it. The proposal is with the IRC for review and we expect them to approve the change. Stay tuned to the Daily Update for details.
Can you sell draft beer in to-go cups with sealed lids (not growlers)?
Yes but this transaction is still subject to open container laws. The to-go cup must be sealed to comply.
Business Interruption Insurance
Regarding current discussions on insurance for this pandemic, would you recommend businesses file a claim with their carrier (which currently would be denied), which would allow them to have something on file in the event insurance companies are mandated to pay out?
It's up to you. If you do file a claim, you are in the system and may receive any payout that occurs faster. However, you won't be blocked out if you don't file now. Filing the claim also fulfills notice for some insurance companies.
It's up to you. If you do file a claim, you are in the system and may receive any payout that occurs faster. However, you won't be blocked out if you don't file now. Filing the claim also fulfills notice for some insurance companies.
CARES Act - General
If we had an employee furloughed prior to COVID-19, will they receive the additional $600 unemployment benefit?
We are checking to see if an employee who is already on unemployment not related to COVID-19 would be eligible.
How long do employees get the extra $600?
That supplement is only until the end of July. Its intent was to recognize employees needed immediate help.
We are checking to see if an employee who is already on unemployment not related to COVID-19 would be eligible.
How long do employees get the extra $600?
That supplement is only until the end of July. Its intent was to recognize employees needed immediate help.
CARES Act - PPP
If I run my business out of my home and have been impacted by the shutdown, can I still file for PPP?
Self-employed individuals are eligible to file for PPP.
Will PPP cover paid sick leave?
Yes but not paid sick leave under the Families First Coronavirus Response Act (FFCRA). You can't double-dip benefits.
Can you give yourself or your employees a raise under PPP?
You could but because of the constraints of bringing back employees and the percentage standard doing so could hurt the 25 percent to use for other things. You should talk with your bank about this to make a determination if this would be acceptable.
If you are okay with the PPP becoming a loan, can you use the proceeds on any expense or are there still restrictions?
There are still restrictions to the PPP. You can only use it on rent, utilities, payroll, or mortgage interest. You cannot use it for anything else, like product to sell, vendor payments, etc. However, you should talk to your bank directly about what can be forgiven and what will convert to a loan. The EIDL does not have restrictions.
I got approved for PPP, but when (if) funds come through and I have to spend within 10 days, how will I be able to compare that to EIDL given that the EIDL is so delayed and the constraints keep changing? My understanding is that we can't use both.
You are allowed to wrap the EIDL into the PPP; however, it's unclear if the Treasury has provided guidance on how this actually works. As always, talk to your bank about how the EIDL and PPP work together because we have not seen guidance on the two interacting together.
Does PRLA have any guidance on getting or accepting the PPP the way it is? We signed up or got in the queue but seems to be a risk.
You can talk to your bank about accepting or declining the loan, and banks have a lot of leeway. However, if you choose to roll back the loan there might not be funds in the future.
So if you've received PPP funds, is it best to hold until we know we can open?
The banks need to release the funds within 10 days and you need to start using the money once the funds are disbursed to you.
I signed the PPP loan documents and got funding the same day. Is it 10 days from this point or because it got funded the same day my clock is now?
Our understanding is that once the money hits your bank account, the clock for the 8 weeks starts. You need to talk with your bank directly so you both are on the same page.
We just received our funding last night and are unsure when the clock starts. Could you please clarify?
The loan needs to be disbursed within 10 days from it being funded. The bank is required to disburse the money within 10 days. You must start using the money immediately once you get the funds. Your 8 weeks starts once you get the funds.
I received a worksheet for loan forgiveness from my accountant that mentions of both FTEs and employee headcount. Are they the same or separate calculations that would impact loan forgiveness?
It's a combination of the two. Bring back the same full time equivalent amount of employees from last year at the same time for loan forgiveness and in addition to regular employees. You cannot bring everyone back as part time and still receive loan forgiveness.
What do you think the chances of the 8 weeks of forgiveness PPP being extended?
In our opinion, it would not be a good look that if after 8 weeks, everyone needs to go back on unemployment. There are rumblings that there will be additional funding from the government to prevent this from happening.
If we offer jobs back and employee declines what are our responsibilities to report to?
Fill out the PA UC 1921 form with unemployment office about their refusal to accept work. In addition, the U.S. Treasury is issuing additional guidance on loan forgiveness if you offer an employee their job back and they refuse.
Are you allowed to temporarily raise rate of pay for servers/bartenders since their rate is too low for them to take it seriously? Or will that disqualify me for forgiveness?
You should have included tips for your tipped employees in your calculation for the PPP application. You can pay the employee what they were making and was reported.
If I can include tips to take their wages up, is the amount of tip averages based on what the individual "claimed" / declared on payroll or can I estimate what the entire team collectively made?
When you submitted your PPP application, you should have calculated their wages to include what was claimed (which includes tips). If you did not do that, then your wages are based on what was submitted for the loan. Your loan calculation for wages determines what is forgiven.
Can we hire new employees to help get to the FTE number needed for forgiveness?
Yes.
I have a cook who lives with her mother who is elderly and immunocompromised. If I ask her to come back, she would be putting her mother at risk. If I don’t have her come back, it makes it difficult for me to fulfill the PPP forgiveness requirements. If I ask her to come back and she declines, will her unemployment compensation could be pulled?
If cook is living for someone who is immunocomprised, they can refuse work and stay on unemployment. This is permissable under the CARES Act.
If a company is getting a PPP loan and they have an employee that gets sick, not COVID related, and needs to use a sick day does this have any impact on the PPP?
The PPP covers non-COVID sick and vacation days as long as you are not using the Families First Coronavirus Response Act provision. If it is COVID-related, PPP would not cover that sick time for reimbursement.
What if I decide to return all or a large portion of the PPP?
Interest may be assessed on the portion of PPP you decide to return to the bank. Discuss this with your bank prior to taking action so you are clear on what will happen.
Can you provide guidance on employee tips while using the PPP funds for their payroll? For example, if we're open for take out and paying employees full average pay including gratuities from 2019 using the PPP funds, are we also required to pay employees the credit cards tips earned during the hours they work since they are already getting them in their wages through PPP?
The Department of Labor rules still apply, so if an employee receives tips, it is the property of the employee and they are entitled to them. While PPP allows for tips to be part of the overall loan amount, it is not in lieu of actual tips received while working.
We received our PPP loan and brought staff back to work. We have a staff member who then wanted to take some paid time off, which had nothing to do with COVID-19. Because we are paying that person with PPP funds, how do we handle the PTO? Can we take that from their usual PTO accrued time, or is there something under the CARES act that covers them for that time off?
The CARES Act does cover for paid time off. See question 8 in this FAQ document for a detailed explanation.
The U.S. Department of Treasury has provided the following guidance and documents on PPP loans:
Self-employed individuals are eligible to file for PPP.
Will PPP cover paid sick leave?
Yes but not paid sick leave under the Families First Coronavirus Response Act (FFCRA). You can't double-dip benefits.
Can you give yourself or your employees a raise under PPP?
You could but because of the constraints of bringing back employees and the percentage standard doing so could hurt the 25 percent to use for other things. You should talk with your bank about this to make a determination if this would be acceptable.
If you are okay with the PPP becoming a loan, can you use the proceeds on any expense or are there still restrictions?
There are still restrictions to the PPP. You can only use it on rent, utilities, payroll, or mortgage interest. You cannot use it for anything else, like product to sell, vendor payments, etc. However, you should talk to your bank directly about what can be forgiven and what will convert to a loan. The EIDL does not have restrictions.
I got approved for PPP, but when (if) funds come through and I have to spend within 10 days, how will I be able to compare that to EIDL given that the EIDL is so delayed and the constraints keep changing? My understanding is that we can't use both.
You are allowed to wrap the EIDL into the PPP; however, it's unclear if the Treasury has provided guidance on how this actually works. As always, talk to your bank about how the EIDL and PPP work together because we have not seen guidance on the two interacting together.
Does PRLA have any guidance on getting or accepting the PPP the way it is? We signed up or got in the queue but seems to be a risk.
You can talk to your bank about accepting or declining the loan, and banks have a lot of leeway. However, if you choose to roll back the loan there might not be funds in the future.
So if you've received PPP funds, is it best to hold until we know we can open?
The banks need to release the funds within 10 days and you need to start using the money once the funds are disbursed to you.
I signed the PPP loan documents and got funding the same day. Is it 10 days from this point or because it got funded the same day my clock is now?
Our understanding is that once the money hits your bank account, the clock for the 8 weeks starts. You need to talk with your bank directly so you both are on the same page.
We just received our funding last night and are unsure when the clock starts. Could you please clarify?
The loan needs to be disbursed within 10 days from it being funded. The bank is required to disburse the money within 10 days. You must start using the money immediately once you get the funds. Your 8 weeks starts once you get the funds.
I received a worksheet for loan forgiveness from my accountant that mentions of both FTEs and employee headcount. Are they the same or separate calculations that would impact loan forgiveness?
It's a combination of the two. Bring back the same full time equivalent amount of employees from last year at the same time for loan forgiveness and in addition to regular employees. You cannot bring everyone back as part time and still receive loan forgiveness.
What do you think the chances of the 8 weeks of forgiveness PPP being extended?
In our opinion, it would not be a good look that if after 8 weeks, everyone needs to go back on unemployment. There are rumblings that there will be additional funding from the government to prevent this from happening.
If we offer jobs back and employee declines what are our responsibilities to report to?
Fill out the PA UC 1921 form with unemployment office about their refusal to accept work. In addition, the U.S. Treasury is issuing additional guidance on loan forgiveness if you offer an employee their job back and they refuse.
Are you allowed to temporarily raise rate of pay for servers/bartenders since their rate is too low for them to take it seriously? Or will that disqualify me for forgiveness?
You should have included tips for your tipped employees in your calculation for the PPP application. You can pay the employee what they were making and was reported.
If I can include tips to take their wages up, is the amount of tip averages based on what the individual "claimed" / declared on payroll or can I estimate what the entire team collectively made?
When you submitted your PPP application, you should have calculated their wages to include what was claimed (which includes tips). If you did not do that, then your wages are based on what was submitted for the loan. Your loan calculation for wages determines what is forgiven.
Can we hire new employees to help get to the FTE number needed for forgiveness?
Yes.
I have a cook who lives with her mother who is elderly and immunocompromised. If I ask her to come back, she would be putting her mother at risk. If I don’t have her come back, it makes it difficult for me to fulfill the PPP forgiveness requirements. If I ask her to come back and she declines, will her unemployment compensation could be pulled?
If cook is living for someone who is immunocomprised, they can refuse work and stay on unemployment. This is permissable under the CARES Act.
If a company is getting a PPP loan and they have an employee that gets sick, not COVID related, and needs to use a sick day does this have any impact on the PPP?
The PPP covers non-COVID sick and vacation days as long as you are not using the Families First Coronavirus Response Act provision. If it is COVID-related, PPP would not cover that sick time for reimbursement.
What if I decide to return all or a large portion of the PPP?
Interest may be assessed on the portion of PPP you decide to return to the bank. Discuss this with your bank prior to taking action so you are clear on what will happen.
Can you provide guidance on employee tips while using the PPP funds for their payroll? For example, if we're open for take out and paying employees full average pay including gratuities from 2019 using the PPP funds, are we also required to pay employees the credit cards tips earned during the hours they work since they are already getting them in their wages through PPP?
The Department of Labor rules still apply, so if an employee receives tips, it is the property of the employee and they are entitled to them. While PPP allows for tips to be part of the overall loan amount, it is not in lieu of actual tips received while working.
We received our PPP loan and brought staff back to work. We have a staff member who then wanted to take some paid time off, which had nothing to do with COVID-19. Because we are paying that person with PPP funds, how do we handle the PTO? Can we take that from their usual PTO accrued time, or is there something under the CARES act that covers them for that time off?
The CARES Act does cover for paid time off. See question 8 in this FAQ document for a detailed explanation.
The U.S. Department of Treasury has provided the following guidance and documents on PPP loans:
- PPP Overview & Associated Documents
- PPP Fact Sheet for Borrowers
- Frequently Asked Questions (version May 13, 2020)
Cocktails-to-Go
What does 60% capacity mean? Does it mean 60% of the average monthly sales for a year prior to COVID?
The 60% capacity is your seating occupancy. Once you can operate at 60% of your seating occupancy, then cocktails-to-go is no longer permitted.
Can I sell multiple 64-ounce containers to the same customer?
Yes but in separate transactions.
What if four people came in together? Do they each qualify for 64 ounces?
Yes, but you would need to process four separate transactions. The maximum you can sell in one transaction is 64 ounces.
Does the customer have to "drive" away?
There is no rule a customer needs to be in a car. Whatever the customer's means of transportation is acceptable, whether it's walk-up, bicycle, scooter, etc.
Would a martini or Manhattan be permitted?
If there is no mixer in the drink, then the answer is no. A slash of olive juice in that martini could count as a non-alcoholic mixer.
Can we sell wine to-go under the cocktails-to-go bill?
You cannot sell wine to go unless you have the wine expanded permit.
What about sangria?
This bill specifies the mix of a spirit and a non-alcoholic item. Wine is not a spirit. If you have an wine extended permit, you could sell sangria.
Can you further explain what a transaction scan device is?
It's an ID scanner, which you use to scan an ID to verify the ID is legitimate and the age is right. There are apps that can be downloaded to phones and tablets for the ID scanner.
The 60% capacity is your seating occupancy. Once you can operate at 60% of your seating occupancy, then cocktails-to-go is no longer permitted.
Can I sell multiple 64-ounce containers to the same customer?
Yes but in separate transactions.
What if four people came in together? Do they each qualify for 64 ounces?
Yes, but you would need to process four separate transactions. The maximum you can sell in one transaction is 64 ounces.
Does the customer have to "drive" away?
There is no rule a customer needs to be in a car. Whatever the customer's means of transportation is acceptable, whether it's walk-up, bicycle, scooter, etc.
Would a martini or Manhattan be permitted?
If there is no mixer in the drink, then the answer is no. A slash of olive juice in that martini could count as a non-alcoholic mixer.
Can we sell wine to-go under the cocktails-to-go bill?
You cannot sell wine to go unless you have the wine expanded permit.
What about sangria?
This bill specifies the mix of a spirit and a non-alcoholic item. Wine is not a spirit. If you have an wine extended permit, you could sell sangria.
Can you further explain what a transaction scan device is?
It's an ID scanner, which you use to scan an ID to verify the ID is legitimate and the age is right. There are apps that can be downloaded to phones and tablets for the ID scanner.
Economic Injury Disaster Loans (EIDL)
What are the two tax credits under EIDL?
- Employee Retention Tax Credit
- Deferment of Social Security taxes until the end of the year
Families First Coronavirus Response Act (FFCRA)
PRLA hosted a webinar on March 24 on the FFCRA. Experts from Post & Schell PC reviewed the provisions of the act and what it means for you, your business, and your employees. You can view the recording here.
When does the FFCRA take effect?
April 1.
Which businesses does the law apply to?
FFCRA only applies to employers with fewer than 500 employees.
What does the FFCRA do?
There are two major provisions of the act. 1) It provides an emergency expansion to the Family & Medical Leave Act (FMLA). 2) It provides emergency paid sick leave.
How does it expand FMLA?
FFCRA temporarily amends FMLA to provide certain employees with up to 12 weeks of FMLA-protected leave for reasons related to COVID-19.
How do I know if my employees are eligible for the FMLA or Sick Leave?
An employee is eligible for the FMLA aspect of FFCRA if they have been employed for 30 days. The sick leave component of FFCRA goes into effect on day one the employee is with the business.
How does this law apply to businesses that have laid off employees?
It does not apply to employees who were laid off prior to April 1.
When does the FFCRA take effect?
April 1.
Which businesses does the law apply to?
FFCRA only applies to employers with fewer than 500 employees.
What does the FFCRA do?
There are two major provisions of the act. 1) It provides an emergency expansion to the Family & Medical Leave Act (FMLA). 2) It provides emergency paid sick leave.
How does it expand FMLA?
FFCRA temporarily amends FMLA to provide certain employees with up to 12 weeks of FMLA-protected leave for reasons related to COVID-19.
How do I know if my employees are eligible for the FMLA or Sick Leave?
An employee is eligible for the FMLA aspect of FFCRA if they have been employed for 30 days. The sick leave component of FFCRA goes into effect on day one the employee is with the business.
How does this law apply to businesses that have laid off employees?
It does not apply to employees who were laid off prior to April 1.
Governor's Phased Reopening Plan
Once we are in the “green phase” is it expected that we will be able to open without capacity restrictions? I am concerned about all of the wedding events that we have booked for the late summer and fall months.
The Governor has not announced the parameters for when a county transitions into the green state of reopening, we expect there will still be some limits at least in the short term as it pertains to groups congregating. The length of those restrictions being in place will be dependent on the number of cases continuing to decline.
Are salons and barbershops included in the yellow phase as long as they follow CDC guidelines?
No. Salons and barbershops will be permitted in the green phase with restrictions. (update 6/8/2020)
Is there an advantage to taking a stand and saying we are going to open our dine-in facility on say June 1 to create some certainty for our teams and customers in an uncertain time?
If you reopen at a time when you are not authorized to, you are putting your liquor license, business license, and sales tax license at risk. In addition, you could be issued citations. In Pennsylvania, the local authorities can enforce this.
Where can we find the FULL Listing of regulations pertaining to Yellow Phase? All we have seen is the FAQ sheet and local folks are making up their own rules if they do not see it on the short list (e.g., outdoor seating at restaurants).
The Governor's Office has released Business Guidance, FAQs, and his general plan for Phased Reopening of Pennsylvania. Currently, the Governor's plan does not permit outdoor seating at restaurants in the red or yellow phases. Should the Governor decide to permit outdoor dining in the yellow phase, we will share any regulations/guidelines in our Daily Update and on our website.
What does it mean for gatherings once we get into the yellow phase? If the group must be 25 or fewer individuals, could you host a larger group if you split the group into smaller rooms containing only 25 people each? For example, if I have a group of 50-100 for a meeting, can I put the main event in one room with 25 people and simulcast that presentation to breakout rooms of 25?
As long as people are in groups of 25 or fewer and in separate rooms, you should be okay in the yellow phase.
Are malls allowed to open in the yellow phase?
Malls cannot reopen in yellow phase. A store at the mall that has a separate door (outside access) can reopen in the yellow phase, as long as they follow all of the guidelines for reopening.
The Governor has not announced the parameters for when a county transitions into the green state of reopening, we expect there will still be some limits at least in the short term as it pertains to groups congregating. The length of those restrictions being in place will be dependent on the number of cases continuing to decline.
Are salons and barbershops included in the yellow phase as long as they follow CDC guidelines?
No. Salons and barbershops will be permitted in the green phase with restrictions. (update 6/8/2020)
Is there an advantage to taking a stand and saying we are going to open our dine-in facility on say June 1 to create some certainty for our teams and customers in an uncertain time?
If you reopen at a time when you are not authorized to, you are putting your liquor license, business license, and sales tax license at risk. In addition, you could be issued citations. In Pennsylvania, the local authorities can enforce this.
Where can we find the FULL Listing of regulations pertaining to Yellow Phase? All we have seen is the FAQ sheet and local folks are making up their own rules if they do not see it on the short list (e.g., outdoor seating at restaurants).
The Governor's Office has released Business Guidance, FAQs, and his general plan for Phased Reopening of Pennsylvania. Currently, the Governor's plan does not permit outdoor seating at restaurants in the red or yellow phases. Should the Governor decide to permit outdoor dining in the yellow phase, we will share any regulations/guidelines in our Daily Update and on our website.
What does it mean for gatherings once we get into the yellow phase? If the group must be 25 or fewer individuals, could you host a larger group if you split the group into smaller rooms containing only 25 people each? For example, if I have a group of 50-100 for a meeting, can I put the main event in one room with 25 people and simulcast that presentation to breakout rooms of 25?
As long as people are in groups of 25 or fewer and in separate rooms, you should be okay in the yellow phase.
Are malls allowed to open in the yellow phase?
Malls cannot reopen in yellow phase. A store at the mall that has a separate door (outside access) can reopen in the yellow phase, as long as they follow all of the guidelines for reopening.
General Questions
Are people in counties under a stay-at-home order allowed to get food from a restaurant?
Yes. Residents of counties under a stay-at-home order are allowed to go to a restaurant to pick up food. Restaurants in these counties are still considered essential businesses and are allowed to sell food for pick-up or delivery.
Gov. Wolf banned short-term rentals. Does this include bed & breakfasts/inns?
In the supplemental FAQ document released by the state (page 10, question 36), it states that this prohibition does not apply to hotels, motels, inns, resorts, non-transient public lodging establishments, or time-share projects.
Will municipalities be able to reduce occupancy more than the state orders?
We have not seen this happen yet, and would not expect it to happen since state regulations are strict. The only areas where it could happen wold be if the county has a separate health department. However, we would still consider it unlikely to happen.
What does it mean that the Pa. Legislature passed a resolution ending the Governor's Emergency Disaster Declaration?
At this time, nothing has changed. Businesses should continue following the guidance provided for the yellow and green phases of reopening and enforcement will continue for those who violate the orders of the Governor or Secretary of Health. The issue will likely go to the Pa. Supreme Court. However, Gov. Wolf outlined the consequences of ending the declaration. Importantly, ending the disaster declaration would not end any orders issued by the Secretary of Health that set guidelines for business operations. PRESS RELEASE
Have local governments/municipalities deferred their property tax collection?
You will have to check with your local government because some local municipalities have deferred taxes while others have not. Others did not defer the early pay fee.
Yes. Residents of counties under a stay-at-home order are allowed to go to a restaurant to pick up food. Restaurants in these counties are still considered essential businesses and are allowed to sell food for pick-up or delivery.
Gov. Wolf banned short-term rentals. Does this include bed & breakfasts/inns?
In the supplemental FAQ document released by the state (page 10, question 36), it states that this prohibition does not apply to hotels, motels, inns, resorts, non-transient public lodging establishments, or time-share projects.
Will municipalities be able to reduce occupancy more than the state orders?
We have not seen this happen yet, and would not expect it to happen since state regulations are strict. The only areas where it could happen wold be if the county has a separate health department. However, we would still consider it unlikely to happen.
What does it mean that the Pa. Legislature passed a resolution ending the Governor's Emergency Disaster Declaration?
At this time, nothing has changed. Businesses should continue following the guidance provided for the yellow and green phases of reopening and enforcement will continue for those who violate the orders of the Governor or Secretary of Health. The issue will likely go to the Pa. Supreme Court. However, Gov. Wolf outlined the consequences of ending the declaration. Importantly, ending the disaster declaration would not end any orders issued by the Secretary of Health that set guidelines for business operations. PRESS RELEASE
Have local governments/municipalities deferred their property tax collection?
You will have to check with your local government because some local municipalities have deferred taxes while others have not. Others did not defer the early pay fee.
Industry Data
Where can I find a link to the report of your recent survey that was quoted in a lot of PA news outlets a few days ago?
That data is from a national poll that was conducted via the National Restaurant Association.
That data is from a national poll that was conducted via the National Restaurant Association.
- National Data Infographic (6/9/2020)
- Pennsylvania (6/9/2020)
- National Data (4/19/2020)
- Pennsylvania Data (4/19/2020)
Masks
Are masks mandatory?
Yes. The Wolf Administration guidelines for operating businesses during the COVID-19 pandemic that masks are mandatory for employees and customers.
If a customer does not have a mask, may I sell them one?
Yes but you cannot price gouge.
Who is responsible for providing masks?
The employer is responsible for providing non-medical masks for employees. However, employees may use their own masks so long as they follow Department of Health policies.
Do you have a sign I can download and post on my door regarding masks?
Yes. Here you go.
What are the exceptions for employees wearing a mask?
Employees must wear masks unless the mask impedes their vision, if they have a medical condition that impedes the wearing of a mask, or if wearing a mask would create an unsafe condition in which to operate equipment or execute a task.
Additional FAQs regarding masks can be found on the Governor's website.
Yes. The Wolf Administration guidelines for operating businesses during the COVID-19 pandemic that masks are mandatory for employees and customers.
If a customer does not have a mask, may I sell them one?
Yes but you cannot price gouge.
Who is responsible for providing masks?
The employer is responsible for providing non-medical masks for employees. However, employees may use their own masks so long as they follow Department of Health policies.
Do you have a sign I can download and post on my door regarding masks?
Yes. Here you go.
What are the exceptions for employees wearing a mask?
Employees must wear masks unless the mask impedes their vision, if they have a medical condition that impedes the wearing of a mask, or if wearing a mask would create an unsafe condition in which to operate equipment or execute a task.
Additional FAQs regarding masks can be found on the Governor's website.
Operations
Temperature Screening
Do you have to test everyone in the restaurant every day for 14 days if there is an infection? Or just the employee(s) in contact with the infected person?
If an employee tests positive for COVID-19, then everyone within the business needs to have their temperatures taken for 14 days. Take their temperature before the employees come in for work.
Restaurants
Do musicians in restaurants/event space have to wear masks and be 6 feet from other musicians?
Musicians should be 6 feet away from guests and employees. The musicians would be considered a related group and so masks would not be required. Additionally, mask guidance states if wearing a mask impedes their job, they don’t have to wear it.
Should restaurant owners consider creating limited menus with specials to help with inventory control?
Focus on menu items you can prepare and package easily for drive-thru, pick-up, and take-out. Some restaurants continue to offer their entire menu for takeout. Others are limiting items due to the high cost of maintaining inventory when sales are down. Think about menus items that are popular, quick to serve, travel well, and fulfill the needs of home-bound families and individuals.
Am I allowed to provided picnic tables in my parking lot for people to consume their takeout meals? Also can I encourage tailgating in my parking lot?
During the red stage/active stay at home order, congregating of any kind is not permitted. Further, when a county enters the yellow stage of reopening, restaurant property cannot be used for congregating, so no tailgating. While we are hoping to change this order to allow for outdoor dining, that has not been permitted as of yet. On June 5, restaurants in yellow counties (except for Philadelphia) were permitted to provide outdoor dining. The PLCB created a streamlined application for expanding a licensed premise to allow alcohol to be served on outdoor areas not previously licensed. (updated 6/15/2020 at 4:55 p.m.)
When restaurants open back up will there be any limitations? Or will everything go back to normal procedures and rules?
On April 17, Gov. Wolf announced his Plan for Pennsylvania to outline phases of reopening and recovery for the Commonwealth. (added 4/21/2020 at 3:42 p.m.) On May 27, Gov. Wolf announced guidelines for restaurants to reopen in the green phase. More information here. (added 6/8/2020 at 11:06 a.m.)
Has there been any talk about requiring plexiglass barriers/dividers between tables for dine-in restaurants?
No. There is no guidance for yellow stage since dine-in services are not open in this phase, so we have to wait and see how other states who are opening and how they fair. We also will have to wait see what guidance becomes available for the green stage. PRLA is not going to push for barriers to be a requirement. The Governor's guidance does not permit plexiglass/barriers in lieu of social distancing except for bar seating or between booths. (added 6/15/2020 at 4:55 p.m.)
Can we continue selling to-go orders and have seats outside for people to eat at (with no service)?
The Department of Agriculture says no. Congregating of groups on the licensed establishment property is currently not permitted. On June 5, restaurants in the yellow phase (except for those in Philadelphia) may offer outdoor dining with restrictions. More information here. (added 6/8/2020 at 11:08 a.m.)
Are my cooks required to wear a mask?
Yes. The Secretary of Health's order on April 15 made mask wearing by employees and customers required. Cooks may be more comfortable using face shields, which is acceptable according to the order. You can hang this sign at your entrance alerting customers to the masking requirements.
I see people sitting at outdoor tables, sipping their soft drinks/coffees/beverages while they wait for their take-out order. Is this permissible in the yellow phase?
A customer can wait for their food at the outdoor tables and drink a beverage if the beverage was not purchased from the business. However, this would be a risk for a licensed property because the consumption of food or beverage cannot happen on the premise. As of June 5, restaurants in yellow phase counties (except for those in Philadelphia) may offer outdoor dining with restrictions. More information here. (added 6/8/2020 at 11:11 a.m.)
Will a health inspection be required to reopen a closed restaurant?
No, health inspections will not be required to reopen a closed restaurant. You will be on the same inspection schedule that you had been on prior to the pandemic.
Can food trucks serve takeout and have you heard of any restrictions for food trucks?
Food trucks are allowed to operate, with the exception of food trucks in Philadelphia. The Department of Agriculture oversees the standards for food truck operations.
Hotels
When can hotel bars reopen?
Hotel bars can reopen when the hotel's county enters the green phase and must follow all guidelines outlined by the Wolf Administration's Restaurant Guidance.
Do bedspreads have to be laundered after each guest's departure?
While there are no requirements for laundering bedspreads after each departure, think about your customers and their comfort levels. Part of the PRLA's Hotel & Lodging Promise outlines suggested best practices for cleaning guest rooms.
Any updates on opening outdoor and indoor pools for hotels?
Outdoor pools can open in yellow and green counties but must meet CDC requirements, including social distancing your lounge chairs. Rules in daily updates and on governor website. No update on indoor pools- wait until green
May hotels and motels maintain in-person operations?
Hotels and motels are not required to suspend in-person operations. Hotels may not operate any dine-in food services; all food services must be a takeout or delivery only option.
How can hotel guests use common areas appropriately? For example, would a married couple be able to sit by a fire pit and enjoy a meal or drink.
In red stage, there is no gatherings of any sort in common areas. Also, while hotel restaurants may sell take out no dice- they do not want gatherings. Yellow stage- you can gather in groups less than 10- might be ok if they are part of the same group and eating food from your takeout at the hotel.
How will this affect the hotel industry?
Hotels in Pennsylvania are considered an essential business and will not be required to close. Hotels must shut down dine-in restaurants, pools, and fitness centers. Room service and take-out from the restaurants still permitted. The federal and state governments are surveying hoteliers to identify those who are willing to enter into temporary leases for certain types of lodging properties at this time. TAKE FEDERAL SURVEY Take PA Feeding & Sheltering Survey
If a guest or staff member of a hotel is diagnosed with the virus will the hotel be required to close? Quarantine it’s staff?
Under OSHA, it is recommended that employers develop policies and procedures for immediately isolating people who have signs and/or symptoms of COVID-19. If onsite isolation isn’t available, potentially sick people should be removed from the work-site.
Are motels allowed to be open?
Yes. Motels are considered essential businesses. Gov. Wolf's list of essential businesses.
We are currently only accepting reservations for essential workers. Are we able to accept reservations for all guests at this time or do we still continue only accepting essential workers?
There is no restriction on the type of guests a hotel can accept. While the "stay-at-home" order is active, the burden for compliance is on the individual not the hotel. For further compliance questions, you may also check with your local police (state police if they are your area's enforcement agency) for clarification on how they view the order.
In the event a guest arrives for check in and they do not have a mask or bandanna are we able to sell them one, and if so does the mask need to be individually packaged?
If a guest enters the property to check in and they do not have a mask, they should be informed that they need one. You do have the option to provide or sell them a mask but your burden is to inform them of the requirement—not be the “enforcer” of the requirement. So if they still refuse to wear a mask, and you did your job of informing them of the requirement, you met the standard of compliance in the eyes of the Department. If you provide them a mask, there is no requirement that it be individually packaged.
Since purchasing masks individually sealed is very difficult can't we seal them ourselves?
If you provide them a mask, there is no requirement that it be individually packaged or sealed.
Or since we have sneeze guards in front of the desk agents and guests keep their distance is that acceptable for check in?
The current order requires customers to wear a mask to enter a business. If a guest enters the property to check in and they do not have a mask, they should be informed that they need one. You do have the option to provide or sell them a mask but your burden is to inform them of the requirement—not be the “enforcer” of the requirement.
Can guests drink the beverage outside of their hotel room, such as in the lobby or outdoors?
The ability of your guests to drink (or eat) in public spaces depends on the color your county is in. If your hotel's county is in the red phase, then congregating in a hotel's public spaces to consume food and alcohol is not permitted. If your hotel's county is in the yellow phase, the restrictions begin to ease. Congregating is still discouraged but no longer banned. Masks are required.
Are their specific guidelines on what is considered a clean guest room for a hotel?
Yes. The AHLA's Safe Stay and the Pennsylvania Lodging Promise outline suggested guidelines and best practices for hotel sanitation. In addition, these documents address guests' expectations when it comes cleanliness and sanitation going forward.
While our county is in the yellow phase, we have a 100-person group that wants to hold their meetings in person at our hotel. Are we allowed to do host their meeting?
While your county is in the yellow phase, only gatherings of 25 or fewer people are permitted. If you defy the state's orders, you would run the risk of a warning, citation, or being shutdown.
Can we serve food in the yellow zone at a B&B because our occupancy would be under 25 people?
You can have people pick up their food but you cannot have people sit down and eat in a common area (dining room). However, the ability to serve food in this situation also depends on the type of licensing you have so we recommend that you check with DCED about this.
Do you have to test everyone in the restaurant every day for 14 days if there is an infection? Or just the employee(s) in contact with the infected person?
If an employee tests positive for COVID-19, then everyone within the business needs to have their temperatures taken for 14 days. Take their temperature before the employees come in for work.
Restaurants
Do musicians in restaurants/event space have to wear masks and be 6 feet from other musicians?
Musicians should be 6 feet away from guests and employees. The musicians would be considered a related group and so masks would not be required. Additionally, mask guidance states if wearing a mask impedes their job, they don’t have to wear it.
Should restaurant owners consider creating limited menus with specials to help with inventory control?
Focus on menu items you can prepare and package easily for drive-thru, pick-up, and take-out. Some restaurants continue to offer their entire menu for takeout. Others are limiting items due to the high cost of maintaining inventory when sales are down. Think about menus items that are popular, quick to serve, travel well, and fulfill the needs of home-bound families and individuals.
Am I allowed to provided picnic tables in my parking lot for people to consume their takeout meals? Also can I encourage tailgating in my parking lot?
During the red stage/active stay at home order, congregating of any kind is not permitted. Further, when a county enters the yellow stage of reopening, restaurant property cannot be used for congregating, so no tailgating. While we are hoping to change this order to allow for outdoor dining, that has not been permitted as of yet. On June 5, restaurants in yellow counties (except for Philadelphia) were permitted to provide outdoor dining. The PLCB created a streamlined application for expanding a licensed premise to allow alcohol to be served on outdoor areas not previously licensed. (updated 6/15/2020 at 4:55 p.m.)
When restaurants open back up will there be any limitations? Or will everything go back to normal procedures and rules?
On April 17, Gov. Wolf announced his Plan for Pennsylvania to outline phases of reopening and recovery for the Commonwealth. (added 4/21/2020 at 3:42 p.m.) On May 27, Gov. Wolf announced guidelines for restaurants to reopen in the green phase. More information here. (added 6/8/2020 at 11:06 a.m.)
Has there been any talk about requiring plexiglass barriers/dividers between tables for dine-in restaurants?
No. There is no guidance for yellow stage since dine-in services are not open in this phase, so we have to wait and see how other states who are opening and how they fair. We also will have to wait see what guidance becomes available for the green stage. PRLA is not going to push for barriers to be a requirement. The Governor's guidance does not permit plexiglass/barriers in lieu of social distancing except for bar seating or between booths. (added 6/15/2020 at 4:55 p.m.)
Can we continue selling to-go orders and have seats outside for people to eat at (with no service)?
The Department of Agriculture says no. Congregating of groups on the licensed establishment property is currently not permitted. On June 5, restaurants in the yellow phase (except for those in Philadelphia) may offer outdoor dining with restrictions. More information here. (added 6/8/2020 at 11:08 a.m.)
Are my cooks required to wear a mask?
Yes. The Secretary of Health's order on April 15 made mask wearing by employees and customers required. Cooks may be more comfortable using face shields, which is acceptable according to the order. You can hang this sign at your entrance alerting customers to the masking requirements.
I see people sitting at outdoor tables, sipping their soft drinks/coffees/beverages while they wait for their take-out order. Is this permissible in the yellow phase?
A customer can wait for their food at the outdoor tables and drink a beverage if the beverage was not purchased from the business. However, this would be a risk for a licensed property because the consumption of food or beverage cannot happen on the premise. As of June 5, restaurants in yellow phase counties (except for those in Philadelphia) may offer outdoor dining with restrictions. More information here. (added 6/8/2020 at 11:11 a.m.)
Will a health inspection be required to reopen a closed restaurant?
No, health inspections will not be required to reopen a closed restaurant. You will be on the same inspection schedule that you had been on prior to the pandemic.
Can food trucks serve takeout and have you heard of any restrictions for food trucks?
Food trucks are allowed to operate, with the exception of food trucks in Philadelphia. The Department of Agriculture oversees the standards for food truck operations.
Hotels
When can hotel bars reopen?
Hotel bars can reopen when the hotel's county enters the green phase and must follow all guidelines outlined by the Wolf Administration's Restaurant Guidance.
Do bedspreads have to be laundered after each guest's departure?
While there are no requirements for laundering bedspreads after each departure, think about your customers and their comfort levels. Part of the PRLA's Hotel & Lodging Promise outlines suggested best practices for cleaning guest rooms.
Any updates on opening outdoor and indoor pools for hotels?
Outdoor pools can open in yellow and green counties but must meet CDC requirements, including social distancing your lounge chairs. Rules in daily updates and on governor website. No update on indoor pools- wait until green
May hotels and motels maintain in-person operations?
Hotels and motels are not required to suspend in-person operations. Hotels may not operate any dine-in food services; all food services must be a takeout or delivery only option.
How can hotel guests use common areas appropriately? For example, would a married couple be able to sit by a fire pit and enjoy a meal or drink.
In red stage, there is no gatherings of any sort in common areas. Also, while hotel restaurants may sell take out no dice- they do not want gatherings. Yellow stage- you can gather in groups less than 10- might be ok if they are part of the same group and eating food from your takeout at the hotel.
How will this affect the hotel industry?
Hotels in Pennsylvania are considered an essential business and will not be required to close. Hotels must shut down dine-in restaurants, pools, and fitness centers. Room service and take-out from the restaurants still permitted. The federal and state governments are surveying hoteliers to identify those who are willing to enter into temporary leases for certain types of lodging properties at this time. TAKE FEDERAL SURVEY Take PA Feeding & Sheltering Survey
If a guest or staff member of a hotel is diagnosed with the virus will the hotel be required to close? Quarantine it’s staff?
Under OSHA, it is recommended that employers develop policies and procedures for immediately isolating people who have signs and/or symptoms of COVID-19. If onsite isolation isn’t available, potentially sick people should be removed from the work-site.
Are motels allowed to be open?
Yes. Motels are considered essential businesses. Gov. Wolf's list of essential businesses.
We are currently only accepting reservations for essential workers. Are we able to accept reservations for all guests at this time or do we still continue only accepting essential workers?
There is no restriction on the type of guests a hotel can accept. While the "stay-at-home" order is active, the burden for compliance is on the individual not the hotel. For further compliance questions, you may also check with your local police (state police if they are your area's enforcement agency) for clarification on how they view the order.
In the event a guest arrives for check in and they do not have a mask or bandanna are we able to sell them one, and if so does the mask need to be individually packaged?
If a guest enters the property to check in and they do not have a mask, they should be informed that they need one. You do have the option to provide or sell them a mask but your burden is to inform them of the requirement—not be the “enforcer” of the requirement. So if they still refuse to wear a mask, and you did your job of informing them of the requirement, you met the standard of compliance in the eyes of the Department. If you provide them a mask, there is no requirement that it be individually packaged.
Since purchasing masks individually sealed is very difficult can't we seal them ourselves?
If you provide them a mask, there is no requirement that it be individually packaged or sealed.
Or since we have sneeze guards in front of the desk agents and guests keep their distance is that acceptable for check in?
The current order requires customers to wear a mask to enter a business. If a guest enters the property to check in and they do not have a mask, they should be informed that they need one. You do have the option to provide or sell them a mask but your burden is to inform them of the requirement—not be the “enforcer” of the requirement.
Can guests drink the beverage outside of their hotel room, such as in the lobby or outdoors?
The ability of your guests to drink (or eat) in public spaces depends on the color your county is in. If your hotel's county is in the red phase, then congregating in a hotel's public spaces to consume food and alcohol is not permitted. If your hotel's county is in the yellow phase, the restrictions begin to ease. Congregating is still discouraged but no longer banned. Masks are required.
Are their specific guidelines on what is considered a clean guest room for a hotel?
Yes. The AHLA's Safe Stay and the Pennsylvania Lodging Promise outline suggested guidelines and best practices for hotel sanitation. In addition, these documents address guests' expectations when it comes cleanliness and sanitation going forward.
While our county is in the yellow phase, we have a 100-person group that wants to hold their meetings in person at our hotel. Are we allowed to do host their meeting?
While your county is in the yellow phase, only gatherings of 25 or fewer people are permitted. If you defy the state's orders, you would run the risk of a warning, citation, or being shutdown.
Can we serve food in the yellow zone at a B&B because our occupancy would be under 25 people?
You can have people pick up their food but you cannot have people sit down and eat in a common area (dining room). However, the ability to serve food in this situation also depends on the type of licensing you have so we recommend that you check with DCED about this.
Outdoor Dining
Can you further explain what outdoor dining is defined as?
Outdoor dining is considered as three (3) open walls.
As of June 5, restaurants in yellow-phase counties (except for Philadelphia) are permitted to provide outdoor dining services. Restaurants in green counties are permitted to provide indoor and outdoor dining. More information here.
Outdoor dining is considered as three (3) open walls.
As of June 5, restaurants in yellow-phase counties (except for Philadelphia) are permitted to provide outdoor dining services. Restaurants in green counties are permitted to provide indoor and outdoor dining. More information here.
Paid Time Off
Will hotel workers receive paid sick leave?
Your company's policies on paid time off, including sick leave, will dictate available benefits. If you operate in Philadelphia or Pittsburgh, you must follow the local sick leave laws.
Can you tell me some information on Philadelphia's paid sick leave?
Hours can be carried over year to year but are maxed out at 40 hours a year.
Are restaurants required to pay paid sick leave during this time?
Employees who are unable to work due to COVID-19 are strongly encouraged to work with their employers to first exhaust any paid leave that is available. Paid leave is typically available immediately and pays the employee at a higher rate than UC, which may take two to four weeks to receive and may replace only 50 to 70 percent of an employee's typical pay. Employees who do not have access to paid leave, or have exhausted their paid leave, may be eligible for UC.
Your company's policies on paid time off, including sick leave, will dictate available benefits. If you operate in Philadelphia or Pittsburgh, you must follow the local sick leave laws.
Can you tell me some information on Philadelphia's paid sick leave?
Hours can be carried over year to year but are maxed out at 40 hours a year.
Are restaurants required to pay paid sick leave during this time?
Employees who are unable to work due to COVID-19 are strongly encouraged to work with their employers to first exhaust any paid leave that is available. Paid leave is typically available immediately and pays the employee at a higher rate than UC, which may take two to four weeks to receive and may replace only 50 to 70 percent of an employee's typical pay. Employees who do not have access to paid leave, or have exhausted their paid leave, may be eligible for UC.
Pennsylvania Industrial Development Authority (PIDA) Loans
What are PIDA loans?
Up to $100,000 is available as a loan to businesses with 100 employees or fewer. The loan must be paid off in 3 years. There is no required payment in year 1 but there is a balloon payment in year 3.
How much money is available through PIDA?
There is only $60 million available in PIDA loans.
What are the PIDA guidelines?
The guidelines are outlined in the COVID-19 Working Capital Access Guidelines. More information is available at DCED's COVID-19 Working Capital Access Program webpage.
How do businesses apply for a PIDA loan?
Through their local Certified Economic Development Organization (CEDO). Refer to the CEDO webpage for a list of CEDOs in Pennsylvania.
Up to $100,000 is available as a loan to businesses with 100 employees or fewer. The loan must be paid off in 3 years. There is no required payment in year 1 but there is a balloon payment in year 3.
How much money is available through PIDA?
There is only $60 million available in PIDA loans.
What are the PIDA guidelines?
The guidelines are outlined in the COVID-19 Working Capital Access Guidelines. More information is available at DCED's COVID-19 Working Capital Access Program webpage.
How do businesses apply for a PIDA loan?
Through their local Certified Economic Development Organization (CEDO). Refer to the CEDO webpage for a list of CEDOs in Pennsylvania.
Take Out / Delivery
If restaurants have outdoor seating, can customers order food for take-out, and then sit outside to eat? Can we “deliver” to our outdoor seating?
No. Outdoor seating is considered dine-in service and may not be served.
Can customers enter your restaurant to order food to-go?
Yes, unless you operate in Philadelphia. However, you should encourage all customers to pre-order their food and employ social distancing strategies to prevent groups of people from congregating.
What are the rules for take out, carry out, delivery, and drive-thru in Philadelphia?
When Mayor Kenney issued the stay-at-home order that took effect on March 23, the following rules were established:
With respect to staying open and a take-out only policy, customers are allowed to enter the establishment and pick up and pay? It is not necessary to be curbside outside the restaurant?
Yes, customers may enter to pick up and pay. It is not necessary to employ curbside pickup if you are able to offer take-out services, and are implementing safe social distancing. Please note: In Philadelphia, customers may not enter the establishment to place their order. All orders must be made in advance via phone, online, or other non-contact method.
How can we educate restaurant workers on contactless delivery/take out?
ServSafe recently launched two, new free on-demand training modules to address COVID-19 precautions for takeout and delivery. It's available in English and Spanish. SERVSAFE Takeout and Delivery: COVID-19 Precautions
We have been informed that some counties and cities are creating a stricter standard for takeout and those changes are being communicated locally. If a county has its own health department, we believe they are able to set a tighter standard than the state.
What do you suggest for finding people to deliver take out/online orders?
Advertise temporary employment via your website and social media channels. If you have open positions, you can post them to the PRLA's Job Board, free of charge. Many people are experiencing lay-offs and are in need of work.
How do I get started with a third-party delivery service like UberEats, DoorDash, Postmates, or GrubHub?
Visit their websites to get started. Read the contract carefully. Some are waiving or deferring commission payments during the coronavirus (COVID-19) pandemic.
How do I post an open position on PRLA's Job Board?
Click on the PRLA Job Board and choose “Post A Job Without An Account.” At the end of the process you will have the opportunity to apply the discount code (COVID-19) to make your balance due $0.00. On April 30 we issued a new discount code (TOGETHER2020). May 1, 3:30 p.m.
How can we all help support the messaging of online/take out orders? Meaning it's tough as a consumer to determine, which restaurants decided to close totally vs. the ones who are trying to deliver orders. We are all flooded with emails; it would be great to see it all compiled in one area.
Visit CarryOutPA.com to either add your business or search open businesses. Share this graphic with your social followers.
No. Outdoor seating is considered dine-in service and may not be served.
Can customers enter your restaurant to order food to-go?
Yes, unless you operate in Philadelphia. However, you should encourage all customers to pre-order their food and employ social distancing strategies to prevent groups of people from congregating.
What are the rules for take out, carry out, delivery, and drive-thru in Philadelphia?
When Mayor Kenney issued the stay-at-home order that took effect on March 23, the following rules were established:
- No customers will be permitted inside the restaurant to order food or wait for food. The customer may enter the premises to pick up and pay for an order.
- All orders must be placed by phone, online, or other non-contact methods.
- Orders may be delivered to the customer curbside, by a delivery service, or by the customer entering the premises to pick up an item that has been pre-ordered.
- Drive-thru service is still permitted.
- Customers are not permitted to order from "window service" and wait for their order. They must pre-order and then pick it up.
- Food trucks and ice cream trucks are prohibited. customers may not enter the store to order food.
With respect to staying open and a take-out only policy, customers are allowed to enter the establishment and pick up and pay? It is not necessary to be curbside outside the restaurant?
Yes, customers may enter to pick up and pay. It is not necessary to employ curbside pickup if you are able to offer take-out services, and are implementing safe social distancing. Please note: In Philadelphia, customers may not enter the establishment to place their order. All orders must be made in advance via phone, online, or other non-contact method.
How can we educate restaurant workers on contactless delivery/take out?
ServSafe recently launched two, new free on-demand training modules to address COVID-19 precautions for takeout and delivery. It's available in English and Spanish. SERVSAFE Takeout and Delivery: COVID-19 Precautions
We have been informed that some counties and cities are creating a stricter standard for takeout and those changes are being communicated locally. If a county has its own health department, we believe they are able to set a tighter standard than the state.
What do you suggest for finding people to deliver take out/online orders?
Advertise temporary employment via your website and social media channels. If you have open positions, you can post them to the PRLA's Job Board, free of charge. Many people are experiencing lay-offs and are in need of work.
How do I get started with a third-party delivery service like UberEats, DoorDash, Postmates, or GrubHub?
Visit their websites to get started. Read the contract carefully. Some are waiving or deferring commission payments during the coronavirus (COVID-19) pandemic.
How do I post an open position on PRLA's Job Board?
Click on the PRLA Job Board and choose “Post A Job Without An Account.” At the end of the process you will have the opportunity to apply the discount code (COVID-19) to make your balance due $0.00. On April 30 we issued a new discount code (TOGETHER2020). May 1, 3:30 p.m.
How can we all help support the messaging of online/take out orders? Meaning it's tough as a consumer to determine, which restaurants decided to close totally vs. the ones who are trying to deliver orders. We are all flooded with emails; it would be great to see it all compiled in one area.
Visit CarryOutPA.com to either add your business or search open businesses. Share this graphic with your social followers.
Taxes
Are there any efforts to provide relief on Sales & Use tax, such as deferments, forgiveness, discounts?
Since businesses are not making sales right now, we've pushed hard to delay sales tax remittance. However, states and cities are looking at deficits and it may not be feasible to delay. The state announced on April 14 that businesses only need to remit through e-TIDES the actual sales tax or occupancy tax collected in the previous month. The state also deferred the AST payments for April, May, and June.
Is there any legislation being considered for real estate tax relief for the hotel industry or a one year reassessment based on lower true property value?
This is a local issue. You would need to talk directly to your local taxing authorities to request a reassessment/reappraisal of your property value.
Do I owe my February sales tax payments?
Yes. Despite PRLA's efforts to preserve cash flow for small businesses, the Department of Revenue determined that they were still considered due on March 20.
What about April pre-payments?
The department is waiving the AST prepayment requirement and asking businesses to simply remit the sales tax that they collect in March.
Since businesses are not making sales right now, we've pushed hard to delay sales tax remittance. However, states and cities are looking at deficits and it may not be feasible to delay. The state announced on April 14 that businesses only need to remit through e-TIDES the actual sales tax or occupancy tax collected in the previous month. The state also deferred the AST payments for April, May, and June.
Is there any legislation being considered for real estate tax relief for the hotel industry or a one year reassessment based on lower true property value?
This is a local issue. You would need to talk directly to your local taxing authorities to request a reassessment/reappraisal of your property value.
Do I owe my February sales tax payments?
Yes. Despite PRLA's efforts to preserve cash flow for small businesses, the Department of Revenue determined that they were still considered due on March 20.
What about April pre-payments?
The department is waiving the AST prepayment requirement and asking businesses to simply remit the sales tax that they collect in March.
Unemployment Compensation
PRLA hosted a webinar on Friday, March 20, which was presented by Barley Snyder's Michael Crocenzi, partner in the firm's Employment Law and Litigation Groups. WEBINAR RECORDING
Guidance for Employees
How do employees file for unemployment?
They should file their application online at uc.pa.gov to get started.
I'm a tipped worker. What rate do I use?
Your benefit amount is based on total wages, including tips reported by the employer. Use your average hourly rate.
Can an employee receive UC benefits and social security benefits?
Yes, an employee can receive the full amount of both benefits at the same time.
When should employees file for unemployment?
Immediately. The Department of Labor & Industry has suspended the waiting week requirement and waived the work search and work registration requirements.
How long before employees receive their first check?
Even though the waiting week is suspended, it's still taking 3-4 weeks for the initial check to be received.
What if the employee doesn't have a checking account?
For individuals without a bank account or direct deposit, a debit card will be mailed to you automatically. MORE INFO
Am I eligible for unemployment compensation if I am still working?
Yes, you may qualify for partial benefit. The Unemployment Compensation Office has a calculation for determining what that partial benefit will be.
Do salaried employees qualify for unemployment compensation?
Salaried employees may apply for unemployment compensation. The Unemployment Compensation Office will then determine if they are entitled to a partial benefit.
Is there any relief for undocumented workers?
Undocumented workers are not eligible to collect unemployment compensation benefits. PRLA is currently sourcing all relief efforts across the Commonwealth and will be sharing resources as they are identified.
Guidance for Employers
Is it better to cut hours or lay off my employees?
That is certainly up to the employer. However, employees may qualify for partial benefits if their hours have been reduced or maybe even full-benefits if their hours have been reduced significantly.
Does an employer have to inform layoffs in writing or is a phone call okay?
You may make a phone call to inform of layoffs.
What’s the difference between a layoff and a furlough?
In unemployment compensation law there’s not a distinction. A furlough is considered a temporary layoff. A layoff is because of economic reasons or the proclamation that it is permanent.
Can employers require an employee to use all paid time off prior to filing for unemployment compensation?
This would be determined by the policies in your handbook and how you handle paid time off. Employers do have the ability to change their handbook policies at any time, as long as notification is provided to employees. If you do require your employees to use PTO, then both the employer and the employee need to report those payments to the Unemployment Compensation Office if/when the employee applies for benefits.
Can employers legally give cash "gifts" to their employees while they are collecting unemployment benefits?
No. Cash gifts could be considered taxable wages by the IRS or ultimately affect your employee's compensation benefits.
How can employers ensure their employees receive unemployment benefits?
Employers can help expedite this process by filling out questionnaires from the office of Employment Security the best they can.
If asked why the employee is out of work, you will need to indicate that its lack of work because you’re shut down. This will certainly help the employee's application get processed.
What if the employer or the employee disagrees with the benefit rate?
Both employer and employee have the right to appeal the benefit rate.
Is an employee eligible for unemployment compensation if they are still working?
Yes, they may qualify in a part-time capacity or partial benefit. There is a calculation that the compensation office does in determining how much of a partial benefit the employee may receive.
Do salaried employees qualify for unemployment compensation?
Salaried employees may apply for unemployment compensation. The UC office will then determine if they are entitled to a partial benefit.
Can employees that receive 1099 receive unemployment compensation?
No. These employees are considered independent contractors.
If a business is only open for a short period such as 6 weeks, are my employees eligible for unemployment?
Possibly. If the employee was working for another employer before they started at your business, they could collect unemployment benefits through their previous employer. Unemployment will pick up multiple employers during that base year.
How will this affect my unemployment compensation insurance rate?
Right now, it should not impact your rate. The government will allow an employer Relief From Charges for these type of claims so they will not factor in calculating the contribution rate. However, we don't know what the long-term impact will be.
How will laying off my employees impact their health insurance coverage?
This is governed by your plan policy and you should check with your broker about your plan terms. Your broker can also inform you on COBRA options.
Can I suspend paid time off payments if I'm forced to close my business?
Yes. If cash flow is low, you may suspend the use of PTO.
Can an employer suspend any paid time off to be earned during layoffs?
Yes.
We are a seasonal business. How does Unemployment Compensation work for staff that just started back to work?
Employees who have received unemployment compensation during the winter and now are off again because of COVID-19 should reopen their claim. If your employees were working other jobs, they may still file for unemployment under the circumstances of COVID-19. If they are a new employee that just started with you and for a short amount of time, then they may still be eligible for unemployment.
If I delay returns of my seasonal employees, will their benefits be extended?
At this point in time (March 20), the limit is 26 weeks for unemployment compensation. The UC benefit limit may be extended in the future as a result of the coronavirus (COVID-19) pandemic but that has not happened yet.
Are full-time students under the age of 18 eligible for unemployment compensation?
Yes, if they meet the eligibility requirements.
Can an owner of a company receive UC benefits?
A sole proprietor or partnership cannot receive UC benefits. If an LLC has accepted corporate status for federal tax purposes, a sole member of an LLC is considered an employee and would be able to file for UC benefits. For multi-member LLCs, a member would be able to file for UC benefits if the LLC has accepted corporate status for federal tax purposes or the member is a nominal member, meaning he/she does not contribute much to the management of the LLC.
Will the UC Service Center be able to email the employer questionnaire instead of mailing it?
We have not seen anything that the UC Service Centers are able to email the questionnaires. If an employer is not able to get mail or complete the form in time, I don’t believe it should hold up the processing of an employee’s claim. The UC Service Centers are currently overwhelmed with claims and this may be more a reason for any delays.
Can employees that refuse to come into work when the business is still open eligible for unemployment?
It depends. If an employee was scheduled to work and they don’t want to work, they may not qualify for unemployment. That would be considered a voluntary quit under unemployment compensation law. However, the employee may indicate it was for compelling reasons, such as COVID-19, and request their claim still be considered for eligibility.
If we rehire an employee during the 26 week period and they refuse to come back to work, will they continue to receive unemployment?
If you offer work and the employee refuses it, then it is recommended that you notify the unemployment compensation service center for the determination of eligibility.
If an employee quit prior to COVID-19 and we declined the initial UC claim, could that employee reapply for unemployment and take advantage of the current situation?
Basically, if an employee says COVID-19/coronavirus, that employee will receive benefits through the CARES Act. You can appeal their application.
What if I offer hours to an employee and they refuse to return to work?
You would fill out and submit Form 1921 (Employee Refused Suitable Work).
Guidance for Self-Employed
If you filed as self-employed and ask to be notified by email, will you get your pin by email, too?
We do not know for certain because there is no state law that the PIN needs to be mailed for self employed applicants. It would seem that if it was offered to you to get the PIN via email, then it would be emailed to you.
Guidance for Employees
How do employees file for unemployment?
They should file their application online at uc.pa.gov to get started.
I'm a tipped worker. What rate do I use?
Your benefit amount is based on total wages, including tips reported by the employer. Use your average hourly rate.
Can an employee receive UC benefits and social security benefits?
Yes, an employee can receive the full amount of both benefits at the same time.
When should employees file for unemployment?
Immediately. The Department of Labor & Industry has suspended the waiting week requirement and waived the work search and work registration requirements.
How long before employees receive their first check?
Even though the waiting week is suspended, it's still taking 3-4 weeks for the initial check to be received.
What if the employee doesn't have a checking account?
For individuals without a bank account or direct deposit, a debit card will be mailed to you automatically. MORE INFO
Am I eligible for unemployment compensation if I am still working?
Yes, you may qualify for partial benefit. The Unemployment Compensation Office has a calculation for determining what that partial benefit will be.
Do salaried employees qualify for unemployment compensation?
Salaried employees may apply for unemployment compensation. The Unemployment Compensation Office will then determine if they are entitled to a partial benefit.
Is there any relief for undocumented workers?
Undocumented workers are not eligible to collect unemployment compensation benefits. PRLA is currently sourcing all relief efforts across the Commonwealth and will be sharing resources as they are identified.
Guidance for Employers
Is it better to cut hours or lay off my employees?
That is certainly up to the employer. However, employees may qualify for partial benefits if their hours have been reduced or maybe even full-benefits if their hours have been reduced significantly.
Does an employer have to inform layoffs in writing or is a phone call okay?
You may make a phone call to inform of layoffs.
What’s the difference between a layoff and a furlough?
In unemployment compensation law there’s not a distinction. A furlough is considered a temporary layoff. A layoff is because of economic reasons or the proclamation that it is permanent.
Can employers require an employee to use all paid time off prior to filing for unemployment compensation?
This would be determined by the policies in your handbook and how you handle paid time off. Employers do have the ability to change their handbook policies at any time, as long as notification is provided to employees. If you do require your employees to use PTO, then both the employer and the employee need to report those payments to the Unemployment Compensation Office if/when the employee applies for benefits.
Can employers legally give cash "gifts" to their employees while they are collecting unemployment benefits?
No. Cash gifts could be considered taxable wages by the IRS or ultimately affect your employee's compensation benefits.
How can employers ensure their employees receive unemployment benefits?
Employers can help expedite this process by filling out questionnaires from the office of Employment Security the best they can.
If asked why the employee is out of work, you will need to indicate that its lack of work because you’re shut down. This will certainly help the employee's application get processed.
What if the employer or the employee disagrees with the benefit rate?
Both employer and employee have the right to appeal the benefit rate.
Is an employee eligible for unemployment compensation if they are still working?
Yes, they may qualify in a part-time capacity or partial benefit. There is a calculation that the compensation office does in determining how much of a partial benefit the employee may receive.
Do salaried employees qualify for unemployment compensation?
Salaried employees may apply for unemployment compensation. The UC office will then determine if they are entitled to a partial benefit.
Can employees that receive 1099 receive unemployment compensation?
No. These employees are considered independent contractors.
If a business is only open for a short period such as 6 weeks, are my employees eligible for unemployment?
Possibly. If the employee was working for another employer before they started at your business, they could collect unemployment benefits through their previous employer. Unemployment will pick up multiple employers during that base year.
How will this affect my unemployment compensation insurance rate?
Right now, it should not impact your rate. The government will allow an employer Relief From Charges for these type of claims so they will not factor in calculating the contribution rate. However, we don't know what the long-term impact will be.
How will laying off my employees impact their health insurance coverage?
This is governed by your plan policy and you should check with your broker about your plan terms. Your broker can also inform you on COBRA options.
Can I suspend paid time off payments if I'm forced to close my business?
Yes. If cash flow is low, you may suspend the use of PTO.
Can an employer suspend any paid time off to be earned during layoffs?
Yes.
We are a seasonal business. How does Unemployment Compensation work for staff that just started back to work?
Employees who have received unemployment compensation during the winter and now are off again because of COVID-19 should reopen their claim. If your employees were working other jobs, they may still file for unemployment under the circumstances of COVID-19. If they are a new employee that just started with you and for a short amount of time, then they may still be eligible for unemployment.
If I delay returns of my seasonal employees, will their benefits be extended?
At this point in time (March 20), the limit is 26 weeks for unemployment compensation. The UC benefit limit may be extended in the future as a result of the coronavirus (COVID-19) pandemic but that has not happened yet.
Are full-time students under the age of 18 eligible for unemployment compensation?
Yes, if they meet the eligibility requirements.
Can an owner of a company receive UC benefits?
A sole proprietor or partnership cannot receive UC benefits. If an LLC has accepted corporate status for federal tax purposes, a sole member of an LLC is considered an employee and would be able to file for UC benefits. For multi-member LLCs, a member would be able to file for UC benefits if the LLC has accepted corporate status for federal tax purposes or the member is a nominal member, meaning he/she does not contribute much to the management of the LLC.
Will the UC Service Center be able to email the employer questionnaire instead of mailing it?
We have not seen anything that the UC Service Centers are able to email the questionnaires. If an employer is not able to get mail or complete the form in time, I don’t believe it should hold up the processing of an employee’s claim. The UC Service Centers are currently overwhelmed with claims and this may be more a reason for any delays.
Can employees that refuse to come into work when the business is still open eligible for unemployment?
It depends. If an employee was scheduled to work and they don’t want to work, they may not qualify for unemployment. That would be considered a voluntary quit under unemployment compensation law. However, the employee may indicate it was for compelling reasons, such as COVID-19, and request their claim still be considered for eligibility.
If we rehire an employee during the 26 week period and they refuse to come back to work, will they continue to receive unemployment?
If you offer work and the employee refuses it, then it is recommended that you notify the unemployment compensation service center for the determination of eligibility.
If an employee quit prior to COVID-19 and we declined the initial UC claim, could that employee reapply for unemployment and take advantage of the current situation?
Basically, if an employee says COVID-19/coronavirus, that employee will receive benefits through the CARES Act. You can appeal their application.
What if I offer hours to an employee and they refuse to return to work?
You would fill out and submit Form 1921 (Employee Refused Suitable Work).
Guidance for Self-Employed
If you filed as self-employed and ask to be notified by email, will you get your pin by email, too?
We do not know for certain because there is no state law that the PIN needs to be mailed for self employed applicants. It would seem that if it was offered to you to get the PIN via email, then it would be emailed to you.
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