Help with Small Business Insurance Claims

Many of our struggling small business owners have complained that they have unsuccessfully sought payment from their insurance companies for “business interruption,” as described in their general commercial insurance policies. Although we can neither offer any legal advice, nor recommend any particular attorneys, Paul Caputo, Esq.,is talking with similarly-situated clients about seeking to file a class action lawsuit on behalf of the many struggling small businesses who have been treated unfairly by their insurers. We understand he is taking on this matter on a contingency basis, so that no fees would be paid to his attorneys unless there is a recovery through settlement or verdict. If you are interested in speaking with Mr. Caputo about this matter, please contact his office directly at 408.733.0100

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Economic Injury Disaster Program (EIDL) Loan Program ($20 billion)

·       Low-interest loans for working capital & normal operating expenses

·      3.75% for businesses (fixed) and 2.75% for nonprofits (fixed)

·      30 years

·      No pre-payment penalty or fees

·      Learn more and apply at https://www.sba.gov/funding-programs/disaster-assistance/economic-injury-disaster-loans

 

Grants for Shuttered Venue Operators ($15 Billion):

Small Business Administration grants up to $10 million to live venues, independent movie theaters, and cultural institutions.

Applications not available yet, but will be soon at https://www.sba.gov/funding-programs/loans/coronavirus-relief-options/shuttered-venue-operators-grant

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PPP Round 2: Program Summary:

Provides $284 billion for the Paycheck Protection Program, which provides loans that can be converted into fully forgivable grants.

• • Timeline: 
    • The last day to be approved for a PPP loan is March 31, 2021. 
    • CDFIs and Minority Depository Institutions begin lending on Monday, January 11, 2021. 
    • Other lenders should be opening their respective PPP lending applications over the next few weeks. 

• PPP changes include: 

• • Opportunity for a second PPP forgivable loan for small businesses and non-profits with 300 or fewer employees that can demonstrate a loss of 25% of gross receipts in any quarter during 2020 compared to the same quarter in 2019.
  • $15 billion set-aside for lending through community financial institutions, including Community Development Financial Institutions and Minority Depository Institutions. 
  • Funding set-aside for very small businesses with 10 or fewer employees and for small businesses located in distressed areas (census tract > 90% in poverty).
  • Expands PPP eligibility to critical access hospitals, local newspapers and TV and radio broadcasters, housing cooperatives, and 501(c)(6) nonprofits, including tourism promotion organizations and local chambers of commerce.
  • Allows small businesses in the restaurant and hospitality industries to receive larger awards of 3.5 times average total monthly payroll (rather than 2.5 times).
  • Adds PPE expenses, costs associated with outdoor dining, and supplier costs as eligible and forgivable expenses.
  • Simplifies the forgiveness process for loans of $150,000 and less.
  • Repeals the requirement of deducting an Economic Injury Disaster Loan (EIDL) Advance from the PPP forgiveness amount.

Where to Start:

• • Connect with the SBA: 
    • Reach out to your local Small Business Administration (SBA) District Office, sign up for their newsletter, and follow them on social media. The SBA District Offices will be receiving more program guidance over the next few weeks. 
  • Provide Sector-specific Outreach: 
    • Work with business associations and community groups on adapting materials to the needs of certain sectors. For example, live venues, independent movie theatres, and cultural institutions can apply for the $15 billion SBA grant for Shuttered Venue Operators (See Appendix). 

• Support Minority-owned small businesses: 

• • Work with local minority business associations and community finance organizations (e.g. CFDIs) to provide technical assistance and outreach in native languages. Vulnerable small businesses may need extra assistance around loan readiness and access to capital. 

California and the federal government are providing broad assistance to small businesses and employers impacted by COVID-19. Learn more about resources and policies here: https://covid19.ca.gov/business-and-employers/

Restaurant Revitalization Fund

• The program provides emergency assistance for eligible restaurants, bars, and other qualifying businesses impacted by COVID-19.

• American Rescue Plan Act established the Restaurant Revitalization Fund (RRF) to provide funding to help restaurants and other eligible businesses keep their doors open. 

• Will provide restaurants with funding equal to their pandemic-related revenue loss up to $10 million per business and no more than $5 million per physical location. 

• Recipients are not required to repay the funding as long as funds are used for eligible uses no later than March 11, 2023.

Who can Apply:

• Eligible entities who have experienced pandemic-related revenue loss include:

• Restaurants

• Food stands, food trucks, food carts

• Caterers

• Bars, saloons, lounges, taverns

• Snack and nonalcoholic beverage bars

• Bakeries (onsite sales to the public comprise at least 33% of gross receipts)

• Brewpubs, tasting rooms, taprooms (onsite sales to the public comprise at least 33% of gross receipts)

• Breweries and/or microbreweries (onsite sales to the public comprise at least 33% of gross receipts)

• Wineries and distilleries (onsite sales to the public comprise at least 33% of gross receipts)

• Inns (onsite sales of food and beverage to the public comprise at least 33% of gross receipts)

• Licensed facilities or premises of a beverage alcohol producer where the public may taste, sample, or purchase products

Where/When to Apply:

• Registration for the SBA application portal will began on Friday, April 30, 2021

• Applications opened today (Monday, May 3, 2021) 

• You can apply directly on the SBA online application portal: restaurants.sba.gov. 

• For the first 21 days the program is open, SBA will accept applications from all eligible applicants, but prioritize applications from small businesses owned by women, veterans, or socially and economically disadvantaged individuals. 

• Following the 21-day period, all eligible small businesses may apply.

 

We also know many of our local businesses are struggling financially. As a community, we need to keep patronizing our neighborhood businesses and can do so safely by ordering things online and taking advantage of take-out options. To help you support our local businesses, Team San José has created San José Love, a database of nearly 600 restaurants open for delivery and take out, virtual attractions, online shops, and amazing creative endeavors.

The Governor’s Office of Business and Economic Development (GO-Biz) has compiled helpful resources for for small businesses and start-ups. Among the resources are Program Impact Videos that provide a deeper dive into federal funding opportunities and Weekly Webinars every Wednesday. Learn more here.​

For impacted businesses, visit https://www.sanjoseca.gov/your-government/departments/finance/business-tax-registration/exclusions-exemptions-other-requirements for information on business tax exemptions and financial hardship programs.

Please visit www.Businessownerspace.com for local financial partners SBDC, AnewAmerica, MBDA, and SCORE that can offer advice and may be able to help prepare loan paperwork.

FOR RESTAURANTS

Restaurants/venues who have decided not to stay open for delivery or take away can redeploy food resources through Joint Venture Silicon Valley’s Food Recovery Council to distribute their suddenly-surplus food to families in need of meals. Restaurants or caterers interested in allocating surplus food can contact robin@jointventure.org for more information.

SMALL BUSINESS LOANS & GRANTS

Small business owners who need help can find helpful information through the City of San José ’s department of Economic Development, including the Small Business Administration’s loan resources.

Facebook announced that the Bay Area will be awarded $15 million in Facebook grants for small businesses. Businesses can now go to facebook.com/grantsforbusiness to check their eligibility and learn more about the program. The application process has not yet started, but businesses are encouraged to sign their emails up for when the application goes live.

PROTECTING BUSINESSES & WORKERS

In the face of the COVID-19, the Labor & Workforce Development Agency wants to keep workers, employers, co-workers, and families safe. They know what employees are entitled to may be confusing, and aim to make it easier for families and workplaces to determine what is best for them. California workplace safety and health regulation require employers to protect workers exposed to airborne infectious diseases such as the coronavirus. Find Cal/OSHA guidance here to help employers comply with these safety requirements and to provide workers information on how to protect themselves.

Covered California has announced another 30-day grace period for small businesses to make premium payments on their employees’ health care plans. This will help keep thousands of Californians insured during the coronavirus pandemic. For more information, businesses can visit the Covered California for Small Business website or call 844-332-8384 (Monday through Friday between 8 a.m. and 5 p.m.).

Small business owners who need help can find helpful information through the City of San José ’s department of Economic Development, including the Small Business Administration’s loan resources.

GUIDANCE FOR REOPENING & MAINTAINING A SAFE WORKING ENVIRONMENT

Cal OSHA:  Grocery Employers General Checklist

Cal OSHA:  Grocery Stores COVID-19 Infection Prevention

Cal OSHA:  Recording and Reporting Requirements for COVID-19 Cases 

CDC:  Considerations for Restaurants and Bars

CDC:  COVID-19 Employer Information for Office Buildings

CDC:  Guidance for Direct Service Providers

CDC:  Guidance for Pharmacies

Diebold Nixdorf:  ATM & Self-Service Solutions Site and Surface Decontamination Guidance

NFPA:  Fire and Life Safety Checklist for Reopening Buildings

NFPA:  Ensuring Safety as Buildings Re-Open to a New Normal

NFPA:  Maintaining Fire Protection Systems Regardless of Occupancy

OSHA:  COVID-19 Guidance on Social Distancing at Work

PAYCHECK PROTECTION PROGRAM

Last week, Congress passed a fourth funding relief package that provides additional funding for some already established CARES Act programs. Starting today, the Paycheck Protection Program is accepting applications again for loans designed to provide a direct incentive for small businesses to keep their workers on the payroll. SBA will forgive loans if all employees are kept on the payroll for eight weeks and the money is used for payroll, rent, mortgage interest, or utilities. Small businesses can find a lender near them here.

FINANCIAL AND LEGAL SUPPORT FOR WORKERS

Santa Clara County Office of Labor Standards Enforcement (OLSE) and the Fair Workplace Collaborative launched Santa Clara County CAN (COVID-19 Assistance Navigation) to assist workers impacted by COVID-19.

Santa Clara County CAN Hotline: 408-809-2124 — People who have questions about safety net benefits, EDD eligibility and application, or other coronavirus-related resources can call the hotline. Callers can leave a message in English, Español, or Tiếng Việt (with more languages to come) and a navigation manager will call them back within 24 hours.

OLSE Attorney Staffed Advice Line: 1-866-870-7725 — This attorney-staffed line is available to workers seeking legal guidance for a potential violation of their rights in the workplace. This line is also available to businesses seeking compliance information. If a caller is unsure as to whether they need legal advice or not, they should call the CAN Hotline and a navigation manager can help make that determination and referral. The advice line provides advice in English, Español, or Tiếng Việt, 中文, Tagalog, and Visayan. Both lines are being managed and staffed by the Fair Workplace Collaborative comprised of Working Partnerships USA, Vietnamese American Round Table, the Pilipino Association of Workers and Immigrants, the Day Worker Center of Mountain View, the Step Forward Foundation, the Enterprise Foundation, and the Latinx Business Council of Silicon Valley.