Lynam & Associates

Lynam & Associates provides a range of services for new and established U.S. and international businesses, not-for-profit corporations, and entrepreneurs.

Our legal services are comprehensive, but our emphasis is not on who we are, but on what we can do for clients. We practice law to serve our clients, to solve their problems, to protect and defend their assets, and to make their lives and businesses more secure.

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A Presidential directive was issued on Saturday, August 8, 2020, deferring collection of certain U.S. payroll taxes normally withheld from employees’ paychecks from September 1 through the end of the year. The IRS issued guidance on August 28, 2020, attempting to implement the directive, allowing employers to defer withholding the employee portion of certain payroll taxes (where pretax wages or compensation during any biweekly pay period is less than $4,000) during the last four months of 2020. But this is no free lunch, as the withholding and payment of these taxes is only postponed until the period beginning Jan. 1,…
After acting decisively to support the economy in March, Congress has failed to agree on a subsequent round of spending. Key economic supports, like the $600 supplement to unemployment insurance payouts and a moratorium on evictions, were allowed to expire at the end of July. Presidential executive orders to continue certain protections are not likely to be very effective, resulting in a need for a more comprehensive legislative response. Should that be forthcoming, the Continuing Small Business Recovery and Payroll Protection Plan Protection Act recently introduced in Congress has wide support. The Act is intended to correct problems with the…
Senators on Friday urged the Treasury Department and Small Business Administration (SBA) to simplify the process for businesses to receive loan forgiveness under the Paycheck Protection Program (PPP). “In this public health and economic emergency, we must do all we can to make sure our small businesses have the support and assistance they need to weather the crisis,” they said in a letter to Treasury Secretary Steven Mnuchin and SBA Administrator Jovita Carranza. Under the PPP, which was created by coronavirus relief legislation signed in late March, businesses and non profits can get loans that are forgivable if they maintain their payrolls. Treasury and the SBA released an 11 page form last month for…
More than $130 billion in Payroll Protection Program funding is still available for small businesses, independent contractors, and nonprofits, but the opportunity is about to end. While the time to spend PPP money was just extended, the last day a PPP request (and essentially free money) can be made is only weeks away – June 30th, 2020. More requirements were just released over the weekend on how the program works once you have the funds to spend. The most important of these are that at least 60% of the PPP funds must be spent on compensation costs, and the employee head count requirement (should you have employees)…
Amendments to the SBA Payroll Protection Program became law on Friday, June 5th, which extend the time to spend PPP money from eight (8) weeks to twenty-four (24) weeks. However, relying on this new 24 week time has disadvantages, due to penalties from pay reductions or lower headcounts during the extended 16 weeks time. If you already have a PPP loan, you do have the option of retaining the original eight (8) week time period. If your 8 weeks is nearly up, it is time to start preparing the eleven-page SBA Loan Forgiveness Application, unless you wish to see your…
Congress just passed changes to the PPP program, now headed for presidential approval: Extends the eight-week spending period of PPP funds for an additional 16 weeks Increases the repayment time for unforgiven funds to five years for most applicants Changes the forgiveness requirement maximum for non-payroll expenses from 25% to 40%, with a severe penalty if the 40% is exceeded Permits full forgiveness where the employer shows it is unable to reinstate or replace furloughed or former employees, under specified circumstances Extends FICA Tax deferment to PPP borrowers A number of points remain subject to SBA interpretation/guidance, which we expect soon after the bill becomes law. The PPP program has grown…
On May 19, 2020, the Department of Labor issued revised interim enforcement guidance by the Occupational Safety and Health Administration (OSHA) concerning its recordkeeping requirement related to recording cases of COVID-19 for non exempt workplaces. Under previous interim enforcement guidance published on April 10, OSHA had temporarily exempted most employers from determining whether a recorded case was “work-related,” defined as an event or exposure in the work environment either causing or contributing to the resulting condition, or significantly aggravating a pre-existing injury or illness. Pursuant to the May 19 revised guidance, however, OSHA has effectively removed this temporary exemption, meaning…
Yesterday, the SBA and Treasury Department released the application for business owners in order to have their PPP loan forgiven. The form and instructions include several measures to reduce compliance burdens and simplify the process for borrowers, including: Options for borrowers to calculate payroll costs using an “alternative payroll covered period” that aligns with borrowers’ regular payroll cycles Flexibility to include eligible payroll and non-payroll expenses paid or incurred during the eight-week period after receiving their PPP loan Step-by-step instructions on how to perform the calculations required by the CARES Act to confirm eligibility for loan forgiveness Borrower-friendly implementation…
In these uncertain and stressful times, it is important to have a contingency plan in place should you or a loved one become ill. We suggest thinking about the following items: A review of your estate planning documents, as some documents may require modification. For example, you probably don’t want your living will to prohibit intubation, a common treatment for the virus. Likewise, some Power of Attorneys contain “springing powers,” which are contingent on the principal being certified as disabled by a doctor. Such a certification may not be practical at the moment as doctors continue to focus on treating virus…
While Zoom appears to be more popular than GoToMeeting, Google Duo and other platforms (most consider the Zoom software more user friendly), Zoom seems to raise more security issues than most business professionals may be comfortable with. As a result of this concern, a class action lawsuit alleging privacy violations has been filed against Zoom in the U.S. District Court for the Northern District of California. Cullen v. Zoom Video Communications Inc. 5:20-cv-02155. If you are using Zoom, review this article for tips on improving security: https://www.popularmechanics.com/technology/security/a31982009/iszoom-safe/. Zoom has received significant criticism on privacy and security issues, and the company…
The U.S. Department of Labor previously issued guidance in the form of fourteen Q&A’s pertaining to the Families First Coronavirus Response Act, which went into effect on April 1, 2020, and which we included in our March 25th blog post. Since then, the U.S. DOL has expanded upon that initial list of Q&A’s, providing much needed detail and clarification. The supplemental text of the most recent DOL guidance is provided below. The entire list of Q&A’s can be accessed by visiting the DOL’s website at https://www.dol.gov/agencies/whd/pandemic/ffcra-questions. Who is a covered employer that must provide paid sick leave and expanded family…
On March 25, the U.S. Department of Labor’s Wage and Hour Division published workplace posters that small and midsize employers can use to fulfill their obligations to notify employees of their rights to expanded paid sick leave and expanded paid Family and Medical Leave Act leave under the Families First Coronavirus Response Act (FFCRA). A notice is to be posted in each workplace or emailed to all workers. Here is the link for the private sector poster:  https://www.dol.gov/sites/dolgov/files/WHD/posters/FFCRA_Poster_WH1422_Non-Federal.pdf. Here is the link for U.S. DOL Q & A on the new poster/Notice requirements: https://www.dol.gov/agencies/whd/pandemic/ffcra-poster-questions. Should you need assistance…
Among the paid-leave requirements under the FFCRA: Eligible employers must provide two weeks (up to 80 hours) of paid sick leave at 100 percent of an employee’s pay if the employee is unable to work because he or she is quarantined or experiencing symptoms associated with COVID-19 and seeking a medical diagnosis. Eligible employers must provide two weeks (up to 80 hours) of paid sick leave at two-thirds of an employee’s pay if he or she is unable to work because of a need to care for someone subject to quarantine, if he or she must be absent to care…
Please note that U.S. DOL has established that the effective date of the Families First Coronavirus Response Act is now Wednesday, 4/1/20. Here is the text of the U.S. DOL guidance: DEFINITIONS “Paid sick leave” – means paid leave under the Emergency Paid Sick Leave Act. “Expanded family and medical leave” – means paid leave under the Emergency Family and Medical Leave Expansion Act. QUESTIONS & ANSWERS What is the effective date of the Families First Coronavirus Response Act (FFCRA), which includes the Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Expansion Act? The FFCRA’s paid leave provisions are…
On March 18, 2020, The Families First Coronavirus Response Act (H.R. 6201) became law, effective on April 2nd, 2020. While this act has extensive provisions in response to COVID-19, the following areas are important for employers to note: EXPANDED FMLA What is expanded? The Emergency Family and Medical Leave Expansion Act amends the current Family and Medical Leave Act (FMLA), allowing leave for eligible employees who can’t work (or telework) because their minor child’s school or childcare service is closed due to a COVID-19 emergency declared by a federal, state or local authority. Who is eligible? Eligible employees include employees…