The Latest Info for Restaurants in Wisconsin
Coronavirus - Resources for Restaurants
For more information, contact:
Susan Quam | Executive Vice President
Best Practices & Resources
WRA provides restaurant operators with the latest guidance and resources to help restaurant operators navigate the many issues relating to serving customers during the pandemic. WRA advises restaurants do what they feel is right for their business and their community.
Operating During the Pandemic - Guidelines for Restaurants
- National Restaurant Association Safe Operating Guidance
- WEDC Guidelines
- Best Practices from FDA
- CDC Guidance for Restaurants and Bars
- CDC and FDA Resources for Restaurants
- Guidance on Face Mask Use
- Mask Q&A
- Glove Use Guidance
- Employee COVID Policy Acknowledgment
- Employee Notice of Employment Recall Documentation
Employees Who Tested Positive for COVID-19 or Have Been Exposed
As of February 15, 201; Information is fast changing
Since the beginning of the COVID-19 crisis, the Wisconsin Restaurant Association has been working to protect your businesses and champion important policies that provide financial relief and critical support to you and your employees during this difficult and challenging time.
Since the onset of the pandemic, WRA’s advocacy efforts helped accomplish the following:
- Worked with the Ever’s Administration to secure We’re All In Grants for restaurants totaling nearly $65 million
- Funded additional rounds of the Paycheck Protection Program (PPP), with special considerations for restaurants
- Ensure that PPP loan proceeds and paid expenses are tax deductible at the federal level
- Keep restaurants open in Wisconsin for takeout, drive- through, curbside and delivery as orders from the Governor came through
- Require insurance companies to add insurance for delivery activities at no cost
- Prohibit any foreclosures or evictions of any licensee until 60 days after the Emergency Order expires
- Prohibit any insurance cancellations of any licensee until 60 days after the Emergency Order expires
- Suspend the one-week waiting period for unemployment insurance
- Waive certain parameters related to the Work- Share Program, specifically eliminating the current 20-employee minimum and 2-week waiting period
- Provide protections for businesses from UI rate increases due to employee layoffs caused by the public health emergency
- Allow golf courses to re-open to golfers only
- Provide a 2-month moratorium on all state tax payments and include the opportunity to pay them back in installments to allow businesses to start to get back on their feet first
- Impose a freeze on Unemployment Insurance rates so that businesses needing to lay off a high amount of employees do not face insurmountable increases in their UI costs
- Temporarily suspend the 15 day beer credit law and 30 day alcohol credit day law
On the federal level, lobbying by WRA and the National Restaurant Association helped get specific benefits for the restaurant and hospitality industry in the CARES Act and subsequent relief legislation.
More to Do
WRA is currently working on the following issues on the state and local level:
- Pass commonsense liability protections to help Wisconsin communities reopen and recover without the threat of frivolous COVID-19 lawsuits
- Permit delivery of alcohol through age verified sales via phone/online transactions for Class A and B license holders during the Emergency Order directly or through a third party
- Allow take out of mixed beverage alcohol for Class B license holders as long as they are contained in a sealed container and include a face-to-face transaction
- Pass state legislation to ensure Wisconsin adopts PPP income tax deductibility provisions
- Prevent frivolous lawsuits against employers who use POS systems to collect employee tip declarations
- Advocating on behalf of restaurants in local jurisdictions that have stronger restrictions in place (e.g. Dane County, Milwaukee). Much of these efforts are behind the scenes actions taken directly with elected and public health officials. In order to make progress and bring elected officials to the discussion table these efforts are not made in a public manner
- Prevent the Wisconsin Department of Health Services from releasing names of businesses who have had two or more employees test positive for COVID-19. WRA filed an amicus brief supporting the lawsuit against the department
- Continue to educate elected officials, public health advocates, the media and the public on the economic devastation restaurants are experiencing
- Be “at the table” for federal discussions regarding minimum wage increases and elimination of the tip credit
SUPPLIERS OFFERING CORONAVIRUS-RELATED GOODS/SERVICES
Suppliers are essential in helping restaurants survive and thrive. We're maintaining a list of suppliers who are partners of the WRA and offering goods and services that are critical during the Coronavirus crisis. Some are also offering special discounts. We'll continue to add to the list so check back often.
How to Get Started with Delivery
As restaurants deal with this unprecedented time and a ban on in-person dining, food delivery is in high demand. Many businesses are struggling with how to move into this business model. This guide includes some of the most important things to know if you want to start delivering or increase the capacity of an existing delivery system.
The crisis caused by the world pandemic from COVID-19 has caused many to lose their jobs within the restaurant industry. We honor and support all employees and know that this is incredibly difficult for you and your families. We are committed to trying to provide helpful resources for employees and options to consider.
EMPLOYEES WHO TESTED POSITIVE FOR COVID-19 OR HAVE BEEN EXPOSED
Are you grappling with the issue of an employee who tested positive for COVID-19 or has been exposed to someone who has tested positive? You're not alone. Our Ask WRA Team has received quite a few questions from restaurant operators about this topic. WRA provides resources with the latest guidance on how to handle the situation.
Coronavirus and Restaurants FAQ
My student employee is attending virtual learning classes. When can this student work?
Scheduling teens during these types of arrangements and these special circumstances will be challenging. Much is determined first by the student’s age:
For ages 14 and 15:
Under Federal law and State law, teens, ages 14 and 15 cannot work during school hours that are established by the school district. There are exceptions of course such as Work Experience and Career Exploration Programs and Work-Study Programs**. Under Federal law, “school hours” are determined by the local public school in the area the minor is residing while employed. “School hours” refers to the hours established by the school district during the regularly scheduled school year and not the hours the individual child is required to attend.
Once the school district establishes the school hours for example 9am-4pm, 14- and 15-year-olds can only work outside of those hours (subject to the exceptions).
**Special provisions apply to students participating in a state sponsored Work Experience and Career Exploration Program or Work-Study Program authorized by the Department of Labor in accordance with §§ 570.36 or 570.37 of Regulations 29 CFR Part 570.
14- and 15-year-olds
- After Labor Day through May 31, may not work before 7am or after 7pm.
- Between June 1 and Labor Day, may not work before 7am or after 9pm.
- May not work during the school hours established by the school district in the area the minor is residing while employed.
- May not work more than 6 days a week.
- May work up to 3 hours on school days and 8 hours on non-school days.
- May work up to 18 hours during school weeks and 40 hours during non-school weeks.
- Must receive a 30-minute meal break if working more than 6 consecutive hours. Break may be unpaid.
- Must have a work permit prior to beginning work. – More information here.
16- and 17-year-olds
There are currently no Federal laws applying to 16- and 17-year-olds regarding limits on number of work hours per day or week. All employers in Wisconsin must follow State laws.
- May not work during hours of required school attendance.
- Must have 8 hours of rest between the end of one shift and the start of the next shift if employed after 11:00pm.
- Must receive a 30-minute meal break if working more than 6 consecutive hours. Break may be unpaid.
- Must be paid overtime for any hours over 10 in a day, even if they work less than 40 in the week.
According to the officials at the Department of Workforce Development, a 16- or 17-year-old is allowed to work at times during the day when school attendance is not required. It is best to obtain documentation from the school district where the employee lives if attendance on a certain day of the week or within normal school hours is not required. For example during this remote learning environment, if check in is required only from 8am-10am on a given day, that student employee may be allowed to work after 10am. But again, this will differ between each school district so have documentation from the school if you plan to schedule this student employee. This allowance applies only to 16- and 17-year-olds.
What is considered a school week or school day for my student employee?
If school is requiring the student to perform some type of remote or virtual learning during any day of the week, that becomes a school week and that day becomes a school day. If the school district is completely shut down for a day or a week, then that is a non-school day or week and you are free to schedule that student employee as needed. One school district in our area provides each Wednesday as a “student Independent learning day” and this day is still part of the school week so no work would be allowed on this day during established school hours.
Will my fund be charged for employees who are on unemployment due to the public health emergency?
According to the Department of Workforce Development – Unemployment Division, if your business laid off employees due to the public health emergency declared by Executive Order 72 and filed initial unemployment claims for weeks after May 16, 2020, you may qualify for relief of Unemployment Insurance benefit charging.
To request relief of charging, you will need to complete a form and submit it to the department by encrypted email.
The department anticipates that the charging relief will take many months to complete for all employers because it is a manual process. For taxable employers the department promulgated an emergency rule to ensure that benefit charges and adjustments for March 15, 2020 through June 30, 2020 will not affect employer contribution rates for 2021, even if the charging relief is not processed for each employer's account. The Wisconsin COVID relief package states COVID-related UI claims from March 15 through December 26, 2020 will ultimately not be charged against the employers UI account balance.
Can my full and part-time employees apply for unemployment?
Yes. Employees do not need to be “fired” to apply. Here is a link from DWD explaining Corvid-19 and unemployment insurance. Anyone can apply, but eligibility will depend on the circumstances of each employee.
How do I apply for UI?
Click here for the Department of Workforce Development Unemployment Insurance site. It has easy to read and understand information.
Per the Department of Workforce Development site—
Have This Information Ready To Apply and File:
- A username and password for filing online*
- A valid email or mobile number
- Your social security number*
- Your Wisconsin driver license or identification number
- Your work history for the last 18 months:
- Employers' business names
- Employers' addresses (including zip code)
- Employers' phone number
- First and last dates of work with each employer
- Reason no longer working with each employer
- If not a U.S. citizen, your alien registration number, document number and expiration date
- Form DD-214 (Member 4 copy), if you served in the military in the last 18 months
- Form SF-50 or SF-8, if you are a federal civilian employee
- If you are a union member, the name and local number of your union hall
- Your current address. You need a valid mailing address to receive important documents about your claim. Make sure you have notified your post office of any recent changes to your address.
What times can I apply or file for UI?
First you must APPLY by completing the initial form with your name, address, employers for the last 18 months etc. You are first creating an account. This is generally done during daylight hours (see hours of operation below).
Then each week you FILE your weekly claim. For example, set aside time on one specific day each week to complete this.
Remember, even online services have hours of operation.
Where can my employees get for more information?
For more information about unemployment insurance visit the DWD website at dwd.wisconsin.gov/ui
Or for help using online services, call 414.435.7069 during business hours.
What is the Work Share program?
If you’re looking for a way to retain trained staff during reduced business activity, consider the Work Share Program through the Wisconsin Department of Workforce Development. Work Share avoids layoffs, allowing workers to remain employed
& employers to retain trained staff during times of reduced business activity.
Are we allowed to sell beer and wine with delivery if we have a class B liquor license?
As of right now, you are not allowed to sell alcohol with delivery. BUT, with take out or curbside it depends. With takeout, yes, as long as you have a class B liquor license you can sell unopened bottles of wine and beer. If your municipality allows, you can also sell unopened bottles of spirits to customers. Most municipalities do allow the sale of spirits by the bottle by restaurants. Please remember—all sales of alcohol must be made face to face and ID’s checked.
If you do not currently have a license to sell beer, wine and spirits, you cannot sell them to your customers.
For curbside it is best to check with your local municipality for the ability to take alcohol from your building to your parking lot. The ability to accommodate curbside alcohol orders will depend on how your premise is defined on your liquor license. If your parking lot is included in the premise on your liquor license, then you can bring out the beer, wine and spirits to them—again if your municipality allows.
In many areas, local law enforcement is keeping an eye on this issue, so be sure you are following the law and make sure you are checking ID’s for all customers.
Can I sell mixed drinks in a covered and packaged container made by our restaurant/bar?
You cannot sell mixed drinks for carryout at this time. We have heard that some restaurants and bars are doing it, but it is illegal. We are asking legislative leaders and the Governor to allow it to happen during the shutdown, as long as drinks can be packaged in a way to prevent folks from drinking them while driving. But it isnot legal at this time. We will keep the industry in the loop if we can get it done.
If restaurants are mandated to close for in-house seating but we can still do take out and curbside, do I need to change my employees’ wages?
No, but you want to make sure they are still making at least $7.25/hour with tips and wages per workweek.
Are there any restrictions to making additional employees delivery drivers?
You will need to check with your insurance carrier what steps need to be completed. Know that minors are not allowed to do much with delivery.
What insurance coverage is needed if I plan to have employees deliver food?
Hired and Non-owned Auto Coverage
It is common for restaurants who employ delivery drivers who use their own car to obtain hired and non-owned auto coverage for liability incurred by those drivers. This is often offered as a rider to a commercial general liability policy. Since many of the restaurants who may begin delivery services did not anticipate the need for this coverage, it is likely that their commercial general liability policy will not include a hired and non-owned auto coverage rider. The Office of the Commissioner of Insurance (OCI) further believes that it would be impractical and untimely for these restaurants to shop for coverage that includes coverage for non-owned autos.
For these reasons, OCI orders all insurers who provide commercial general liability coverage to a restaurant to notify their restaurant insureds that hired and non-owned auto coverage is available if requested. If the insured restaurant requests hired and non-owned auto coverage, the insurer shall, either through a rider or stand-alone policy, provide this coverage to any insured restaurant for no additional cost.
This order shall apply to all commercial general liability policies in effect on or after March 17, 2020. The coverage afforded shall be effective upon the date it is requested. Insurers who offer retroactive coverage may request that the insured certify that they have not incurred any potential claims in the period of retroactive coverage. This order shall remain in effect until the public health emergency order is lifted, in whole or in part, to permit restaurants to resume normal operations.
In addition, delivery drivers are now covered under their personal auto policy. It is strongly suggested each employee now classified as a delivery driver contact their own auto carrier and inform them of the change. Again, this is suggested, not required.
What is a normal insurance requirement for delivery drivers?
Any employee using their own automobile for deliveries should make sure their own automobile insurance covers them for liability in the unlikely event an accident happens. If you are having employees deliver as part of your new business plan, you must contact your insurance broker. At minimum you as the business owner MUST have non-owned and hired automobile coverage added to your package policy and/or automobile policy.
Here are the general rules most insurance companies will enforce:
- Drivers must have valid driver’s license with minimum three years licensed driving experience.
- Ask driver if they have had any violations or accidents in the last three years—two minor violations may be acceptable. If any more violations than that, do not let them drive.
- Ask driver if they have any major violations in last five years such as DUI, speeding in excess, reckless driving or any suspension or revocation. If the driver cannot answer no, than this is a red flag and driving for your business should not be allowed.
- If you want employee to use own vehicles, remind drivers that their personal insurance will pay first.
- Get a copy of driver’s current auto declaration page—many personal auto policies have exclusions for delivery.
- The employee should verify coverage for delivery. If no coverage on personal policy, don’t let them drive for your business.
- If employee is assigned to driving duties, you should add work comp classification code 7380 to your work comp policy as well. The rate set by the State is $6.37 per hundred dollars of payroll for each employee driving.
Protect yourself and your business. Reach out to your trusted broker to have the proper coverage added to your policy BEFORE it’s too late.
What are best practices for health and safety relating to food pick up and delivery?
The Food and Drug Administration recently posted a document entitled “Best Practices for Retail Food Stores, Restaurants, and Food Pick-Up/Delivery Services During the COVID-19 Pandemic”.
What is the best practice for condiment use?
It is best to know and keep up with any order specific to your location. Condiments in packets is the best practice. Bottles on tables are allowed but must be cleaned and sanitized between each customer use. Pump dispensers should still be off limits unless you can safely clean and sanitize between each customer use.
Can customers use beverage stations?
It is best to know and keep up with any order specific to your location. As a best practice, self-serve beverage stations are discouraged because of the uncontrolled touching of cups, lids, station area, etc. Lever type dispensers limit customer contact with the area and avoids accidental contamination if the restaurant provides the cup and lid directly to the customer. Be sure to clean and sanitize the station frequently.
Will my business insurance (Society or other) cover my business losses due to these special circumstances?
Our understanding is that most business insurance covers losses only due to a physical location issue (damaged building, fire, tornado, etc.) and pandemics are not covered in these policies. However, all policies are different so you should contact your broker directly about your specific coverage.
Is it possible the federal government will address the lack of coverage in this area?
WRA is advocating for the federal government to address this issue through the COVID 4 package. We are encouraging Congress to develop a fund for insurance companies to draw upon to pay out at least a percentage of business interruption claims.
The unfortunate part is that insurance companies do not have enough money to cover business interruption claims for this crisis. WRA spoke to the Office of the Commissioner of Insurance (OCI) quite a few times regarding business interruption insurance. OCI knows the financial situation and was the first to tell us that it would bankrupt every insurance company.
WRA was able to help secure delivery insurance for both employees and employers at no additional cost. We realize that is not a huge help to every restaurant, but it is a start.
WRA encourages employers to look at the various relief measures that is available in the CARES package. Here is a link to the basics.
What Does the Federal Relief Package Mean for Restaurants?
The Wisconsin Restaurant Association along with the National Restaurant Association has worked hard for months to get Congress to take action and provide financial aid to both restaurant owners and our industry’s employees. Many WRA members reached out via email and phone and told your stories of how the pandemic and lack of government support has hurt your businesses. Your messages were heard and the restaurant industry does benefit from the $900 billion Consolidated Appropriations Act (CAA) passed on December 21st by Congress and signed by President Trump on December 27th.
The CCA provides short-term economic relief and should be considered a down payment on longer term relief to be negotiated in February. The plan includes several items that will benefit restaurants, most importantly a second round of access to the Paycheck Protection Program (PPP), with unique provisions aimed to assist the restaurant industry, which continues to endure unparalleled job and revenue losses.
The measures provided in the CAA does restaurants and will give you options to consider as more details about the various programs are rolled out. Businesses began accessing PPP funds in mid-January. Contact you lender now to discuss if PPP funds are a good fit with your restaurant.
Here is what is contained in the CAA – look for WRA Issues Alerts and WRA’s Your Weekly Special newsletter for updates.
- Creates a $325 billion second round of the Paycheck Protection Program (PPP) – with improvements over the first rounds from last spring
- Restaurants can borrow 3.5-times their monthly payroll – as opposed to other businesses, which is 2.5-times
- Restaurants and hotels are eligible for PPP based on 300 employees per location – unlike other businesses, which is 300 employees total. There are protections for restaurant groups – no affiliation rule problems
- Qualified business expenses paid with PPP loans (both round 1 and round 2) are tax deductible at the federal level – this is huge win for the restaurant industry and will save restaurants from paying taxes on forgiven PPP loans from prior and future rounds. Currently Wisconsin is not following the federal government’s lead on this. WRA is currently advocating for Wisconsin to follow suit. Click here for more information:
- $2 million cap on an entity’s maximum loan - $10 million for restaurant groups.
- 60% payroll / 40% non-payroll rules still apply for permitted uses of PPP loans. Non-payroll uses expanded to include PPE supplies, physical changes to enable social distancing, and supplier costs (e.g., inventory). The expansion of loan uses is another huge win for restaurants
- PPP loan borrowers can choose between two covered periods in which to spend the loan; an eight week period or a 24 week period
- Expands funding and improves access to other Small Business Administration loan programs
- Restores deductibility of business meals for two years. This is another restaurant specific win that will help with economic recovery
- Enhances Employee Retention Tax Credit (ERTC)
- Provides additional $300/week unemployment benefits through March 14, 2021
- Provides direct payments to taxpayers making less than $75,000 per year and their dependents
The bill does not address other industry specific concerns, such as business liability protection. These battles will return in February.
The National Restaurant Association hosted a webinar that highlighted what's included in the bill and what it means for restaurants. You can sign up for the on demand webinar here.
What Financial Assistance is Available for Restaurants?
PAYCHECK PROTECTION PROGRAM (PPP)
What is the PPP and can I still apply?
The PPP is the Paycheck Protection Program allowing for loan forgiveness if used according to the rules. The program continues to be updated by the government. Check the US Treasury Department website at https://home.treasury.gov/policy-issues/cares/assistance-for-small-businesses for additional information and updates. You can apply for the loan through your SBA banker/lender. Check the Wisconsin Bankers Association Website for a list of all Wisconsin institutions processing SBA loans.
UPDATE October 12, 2020
Streamlined Forgiveness for PPP Loans Under $50,000
Restaurants who received Paycheck Protection Program (PPP) loans under $50,000 can now access a new forgiveness application designed to simplify the forgiveness and loan review process. This “streamlined” PPP forgiveness form does not
require businesses to show the calculations used to determine their loan forgiveness amount. However, SBA may request information and documents to review those calculations as part of its loan review process.
Important to note – this is not “automatic PPP loan forgiveness,” as borrowers are still required to submit documentation to lenders on payroll costs, rent/lease payments, and utilities. There is also a restriction for any otherwise
eligible applicants if they have affiliated businesses receiving PPP loans totaling $2 million or greater.
Employee Retention Credit (ERC)
The Treasury Department and the Internal Revenue Service today launched the Employee Retention Credit, designed to encourage businesses to keep employees on their payroll. The refundable tax credit is 50% of up to $10,000 in wages paid by an eligible
employer whose business has been financially impacted by COVID-19.
- Employee Retention Credit available for many businesses financially impacted by COVID-19
- FAQs: Employee Retention Credit under the CARES Act
- Employee Retention Credits: Interaction with Other Credit and Relief Provisions FAQs (PPP etc)
Q& A - FIGURING OUT WHICH FEDERAL RELIEF PROGRAM WORKS BEST FOR YOU
Are you having trouble figuring out which financial relief program in the federal CARES Act is right for your business? WRA prepared this Q & A to help you better understand a few of the programs.
I have heard that if I already have an existing non-disaster SBA 7(a), 504 or microloan, I can get some relief, is this true?
Yes! The Small Business Debt Relief Program created by the CARES Act will provide immediate relief to small businesses with non-disaster SBA loans, in particular 7(a), 504, and microloans. Under it, SBA will cover all loan payments on these SBA loans, including principal, interest, and fees, for six months. This relief will also be available to new borrowers who take out loans within six months of the President signing the bill into law. You can also apply for one of these loans as a new borrower.
How do I know if I’m eligible for a 7(a), 504, or microloan?
In general, businesses must meet size standards, be based in the U.S., be able to repay, and have a sound business purpose. To check whether your business is considered small, you will need your business’s 6-digit North American Industry Classification System (NAICS) code and 3-year average annual revenue. Each program has different requirements.
What is a 7(a) loan and how do I apply?
7(a) loans are for borrowers who lack credit elsewhere and need access of up to $5 million in funding. The loan can be used to provide short-term or long-term working capital, to purchase an existing business, refinance current business debt, or purchase furniture, fixtures and supplies. In the program, banks share a portion of the risk of the loan with SBA. There are many different types of 7(a) loans, you can visit this site to find the one that’s best for you. You apply for a 7(a) loan with a bank or a mission-based lender. SBA has a free referral service tool called Lender Match to help find a lender near you.
What is a 504 loan and how do I apply?
The 504 Loan Program provides loans of up to $5.5 million to approved small businesses with long-term, fixed-rate financing used to acquire fixed assets for expansion or modernization. It is a good option if you need to purchase real estate, buildings, and machinery. You apply through a Certified Development Company, which is a nonprofit corporation that promotes economic development. SBA has a free referral service tool called Lender Match to help find a lender near you.
What is a microloan and how do I apply?
The Microloan Program provides loans up to $50,000 to help small businesses and certain not-for-profit childcare centers to start up and expand. The average microloan is about $13,000. These loans are delivered through mission-based lenders who are also able to provide business counseling. SBA has a free referral service tool called Lender Match to help find a microlender near you.
What is this $10,000 grant that is part of the SBA Economic Injury Disaster Loan (EIDL)?
If you apply for an EIDL (Economic Injury Disaster Loan), it includes a grant to provide an emergency advance of up to $10,000 to small businesses and private non-profits harmed by COVID-19 within three days of applying for an EIDL. To access the advance, you first apply for an EIDL and then request the advance. The advance does not need to be repaid under any circumstance, and may be used to keep employees on payroll, pay for sick leave, meet increased production costs due to supply chain disruptions, or pay business obligations, including debts, rent and mortgage payments.
You can apply for an EIDL, accept the $10,000 grant and then turn down the remainder of the EIDL loan. To be eligible for an EIDL grant, the business must have been in operation since January 31, 2020, when the public health crisis was announced.
Can I apply for both an EIDL Loan and the PPP (Paycheck Protection Program) and get both?
Yes, the SBA has clarified that if you take out an EIDL loan for working capital expenses only, you can then take out a PPP to pay for payroll expenses. Original guidance from the SBA indicated that you could not use both loans. It is possible that the SBA will deduct the $10,000 EIDL grant from your PPP loan, depending on what expenses, other than payroll, you plan to use the PPP loan for.
My bank is a SBA approved lender, but it is telling me that it does not want to service my Paycheck Protection Program (PPP) loan, but it is processing a loan for the restaurant down the street. Is that possible?
At this time, some lending institutions are not fully on board with how to process PPP loans, and therefore may have set standards that each applicant needs to meet, such as payback risk based on loan forgiveness from the SBA. As the SBA and US Treasury Department further clarify loan guarantees and application requirements, hopefully more lending institutions will be able to process additional loans. If your lending institution is not accepting your loan application, we suggest that you contact other institutions in your area.
Check the Wisconsin Bankers Association Website for a list of all Wisconsin institutions processing SBA loans.
Can I take advantage of the Employee Retention Credit if I have a PPP loan?
No, if you have the PPP loan (forgiveness or not), you are not eligible for the ERC.
Can I take advantage of the ERC if I give back the PPP money?
Yes, but only if you returned the funds prior to May 18, 2020.
ECONOMIC INJURY DISASTER LOANS
Wisconsin businesses can now apply for Economic Injury Disaster Loans of up to $2 million per business. Wisconsin’s access to SBA Economic Injury Disaster Loan assistance was unlocked on March 20th.
Click here to apply. Keep in mind, the website is experiencing high volume due to large demand. They recommend logging in between 7:00 pm and 7:00 am for better luck connecting. Also make sure to save your application as you are working on it.
- Tax Information Authorization (IRS Form 4506T) for the applicant, principals and affiliates.
- Complete copies of the most recent Federal Income Tax Return.
- Schedule of Liabilities (SBA Form 2202).
- Personal Financial Statement (SBA Form 413).
- Profit and loss statements
- Monthly sales figures (SBA Form 1368)
For more on SBA programs for the coronavirus, please visit www.sba.gov/coronavirus.
Questions about or changes to your application can be directed in an email to disastercustomerservice@SBA.gov. You will need to put your EIDL loan number in the subject line.
Wisconsin's SBA office will again offer live daily webinars to walk you through the application process and answer your questions. Register for Monday, March 30 through April 10. All sessions are at 2 pm:
WEDC Grants - Phase 2
We’re All In Small Business Grant – Phase 2 makes CARES Act funding available to Wisconsin small businesses that were unable to apply for Phase 1 of the program. And, it makes additional funds available to companies that were awarded Phase
1 grants. Gather your information now. Applications will be accepted from 8 a.m., Monday, Oct. 19, 2020, to 11:59 p.m., Monday, November 2, 2020. Applicants are encouraged to gather the necessary information and documents before the application window
opens. Phase 2 of the program is receiving administrative assistance from the Wisconsin Department of Revenue.
Milwaukee Restart Program
Restart is a program that helps Milwaukee businesses to reopen and adapt to the "new normal." Grants will assist for-profit businesses located in the City of Milwaukee that have 20 or fewer full-time or full-time equivalent employees and greater than $0 but less than $2 million in 2019 revenue. Restart grants are limited to one per business owner. All applicants must be current on property taxes owed to the City of Milwaukee up through the 2018 tax bill.
Businesses may apply to cover specific expenses associated with re-starting business operations including personal protective equipment for employees, modifications to business space and operations to adapt to COVID-19 pandemic and restock of perishable inventory.
Link to Application. You will need to create an account.
Applications must be made online and will be accepted between May 28, 2020 and June 12, 2020.
Small businesses can have access to loans up to $5 million and access a line of credit up to $500 thousand. What will be needed to apply:
- Currently open for business
- In business three years
- Can provide three consecutive bank statements
- Have a credit score of 550 or higher
You do not need to be a current Heartland customer to apply.
DANE COUNTY SMALL BUSINESS PANDEMIC SUPPORTR GRANT PROGRAM
The Dane County Small Business Pandemic Support Grant Program, administered by Dane Buy Local, is available for qualifying small businesses experiencing financial difficulties as a result of the COVID-19 outbreak.
Are ServSafe classes being offered?
ServSafe classes are being offered. To see
the ServSafe schedule and register for upcoming classes, please click here.
NOTE: The Department of Agriculture Trade and Consumer Protection has indicated that businesses will not be penalized for having an expired certificate during the COVID-19 pandemic. Due to the cancellation of Certified Food Protection Manager courses, DATCP is extending the requirement to renew this certification by 90 days after courses resume. If your certificate expires, you can continue operating as usual.
Families First Coronavirus Response Act Payment and Payment Recovery
What is the FFCRA?
Families First Coronavirus Response Act (FFCRA) is the law that required certain employers to provide their employees with paid sick leave or expanded family and medical leave for specified reasons related to COVID-19.
Effective dates of the law were April 1 through December 31, 2020. This program was extended through March 31, 2021. With the new legislation, employers may continue to offer paid sick and family leave and receive a tax credit.
Please note: Employers are no longer required to offer this option.
Guidance on the FFCRA will continue to flow.
This main page includes specific information such as:
From the IRS:
What sources are available to me to help recover some costs?
Below is a link that provides information on how small and midsize employers can begin taking advantage of two new refundable payroll tax credits, designed to immediately and fully reimburse them, dollar-for-dollar, for the cost of providing Coronavirus-related leave to their employees.
Is there a required poster about the FFCRA?
Yes, all covered employers (i.e,all private sector employers with fewer than 500 employees) are required to post this notice. Don't be fooled by companies who say you need to purchase expensive posters from them. You can download and print the poster for free.
FAQs regarding the poster -
What is the plan for reimbursement of emergency paid leave under the FFCRA?
The IRS posted this news release on their website. This is the plan on how employers will be able to recover dollar for dollar payment to employees when the required leave is paid.
Health and Safety
Can an employer require their employees to get the COVID-19 vaccine?
Employers may require employees to get vaccinated from the COVID-19 virus. Taking the vaccine will presumably reduce or prevent other employees and customers from getting infected. However, you need to be aware that employees with disabilities and religious beliefs who claim that taking the vaccine will either be harmful to them or violate a strongly held religious belief against taking the vaccine may have rights under the federal and state disability laws and religious discrimination laws. For these employees, restaurants may have to provide a reasonable accommodation, unless there is undue hardship, which the ADA defines as significant difficulty or expense for the employer. The restaurant may have to provide the employee who has refused to take the vaccine with a reasonable accommodation unless it would pose an undue hardship, which under Title VII is “more than de minimus cost” to the operation of the employer’s business. This is a lower standard than the undue hardship standard under the ADA.
When confronted with an employee who refuses to take the vaccine due to a disability, the employer can request medical support. Assuming the medical opinion supports the employee, the employer must engage in an interaction discussion with the employee to determine whether there is a reasonable accommodation that would enable the employee to continue to perform their essential job functions without compromising the safety of other employees or customers. Potential accommodations include, but are not limited to, additional personal protective equipment (PPE), such as mask and shield, moving the employee’s work station beyond 6 feet, a temporary reassignment, teleworking, or a leave of absence. As for those with religious belief, the employer can see also seek confirmation from the employee’s religious leader and, if confirmed, engage in the same interactive process discussed above. If there is no reasonable accommodation, the employer can deny the employee’s request to be exempt from taking the vaccine and if the employee still refuses, place the employee on leave or terminate the employee.
When considering whether to require employees to take the COVID-19 vaccine, be advised that the EEOC and other governmental agencies has stated that the COVID-19 virus meets the higher threshold “direct threat standard,” and “a significant risk of substantial harm would be posed to having someone with COVID-19, or symptoms of it, present in the workplace at the current time.”
This information was provided by Barry Chaet from Beck, Chaet, Bamberger & Polsky, SC
Should counter, drive through and curbside services staff use gloves?
Gloves can be helpful, but can also be a hindrance, in slowing the spread of this virus. In the food code, gloves are one way to prevent bare hand contact of ready to eat food and reduce food borne pathogens. They are
NOT a way to directly prevent cross contamination between hard surfaces. You can contaminate surfaces with gloved hands, just like you can with bare hands.
Coronavirus is NOT a foodborne pathogen. If the gloves come in contact with the coronavirus, such as touching a door knob or counter surface, they will transport that virus to other hard surfaces. Proper handwashing and frequent glove changes
would be key to their use, which is what restaurants need to do all of the time. Gloves may help provide protection to employees, as long as they do not touch their face when wearing them.
Gloves tend to make consumers feel better, but if used improperly, they will help spread the virus, not protect the customer. Until recommended directly by the FDA and Wisconsin Department of Ag, Trade and Consumer Protection for this virus, the use of gloves is not required. It is up to individual restaurants. If they help customers feel better, then use them, but increase handwashing and glove changes to help prevent moving the virus from surface to surface.
Should employees in retail food and food production settings wear face coverings to prevent exposure to COVID-19?
The FDA has information on the use of faces masks and cloth face coverings for the food sector.
How do I maintain social distancing in my food production/processing facility and food retail establishment where employees typically work within close distances?
To prevent spread of COVID-19, CDC is recommending individuals employ social distancing or maintaining approximately 6 feet from others, when possible. In food production/processing facilities and retail food establishments, an evaluation should be made to identify and implement operational changes that increase employee separation. However, social distancing to the full 6 feet will not be possible in some food facilities.
The risk of an employee transmitting COVID-19 to another is dependent on distance between employees, the duration of the exposure, and the effectiveness of employee hygiene practices and sanitation. When it’s impractical for employees in these settings to maintain social distancing, effective hygiene practices should be maintained to reduce the chance of spreading the virus. Also, see Should Employees in retail food and food production settings wear face coverings to prevent exposure to COVID-19? (Posted April 4, 2020).
IMPORTANT: Maintaining social distancing in the absence of effective hygiene practices may not prevent the spread of this virus. Food facilities should be vigilant in their hygiene practices, including frequent and proper hand-washing and routine cleaning of all surfaces.
Because the intensity of the COVID-19 outbreak may differ according to geographic location, coordination with state and local officials is strongly encouraged for all businesses so that timely and accurate information can guide appropriate responses in each location where their operations reside.
Sick employees should follow the CDC’s What to do if you are sick with coronavirus disease 2019 (COVID-19).
These and other COVID Food Safety Guidance can be found here:
What are best practices for health and safety relating to food pick up and delivery?
The Food and Drug Administration recently posted a document entitled “Best Practices for Retail Food Stores, Restaurants, and Food Pick-Up/Delivery Services During the COVID-19 Pandemic”.
Restaurants Selling Grocery Items or Packaged Foods
As the COVID-19 continues, restaurants are looking to other ways they can help consumers purchase not only meals for takeout, but also some basic grocery items like eggs, milk and bread. Below is some guidance to begin offering basic grocery items.
Do I need a grocery store license?
Grocery stores and restaurants operate as licensed food establishments, and follow the same food safety and packaging rules so no you do not need a grocery store license.
What items can I sell?
We recommend you consider selling pre-packaged goods, such as gallons of milk, loaf of bread or a dozen eggs. We do not recommend selling bulk items by the pound, unless you have a scale that complies with Wisconsin’s weights and measures rules. More information on weights and measures rules can be found here.
If you would like to sell items that you bake/cook in your restaurant, such as a loaf of bread, you need to follow state and federal labeling requirements. During the COVID-19 crisis, the Food and Drug Administration has temporarily relaxed the requirement for nutrition information on food labels. For restaurants that wish to sell packaged food to consumers directly, or to other businesses for sale to consumers, the FDA does not intend to object if the packaged food lacks a Nutrition Facts label, provided that the food does not have any nutrition claims and contains other required information on the label, including the following, as applicable:
- a statement of identity,
- an ingredient statement,
- the name and place of the business of the food manufacturer, packer, or distributor,
- net quantity of contents, and
- allergen information required by the Food Allergen Labeling and Consumer Protection Act.
You can also sell a “meal kit” that contains all of the items needed to for the customer to cook at home. Similar to single items, you will need to provide a sheet of paper or label that complies with the above requirements. There must be an ingredient statement for each of the items in the meal kit, unless you are using prepackaged items that has its own list of ingredients on the label. Items such as meat and poultry should have a weight included, such as “two 12-ounce steaks”. Unless you have a scale that complies with weights and measures rules, you purchase pre-weighed and packaged meat products from your suppliers.
What price can I sell my items for?
Wisconsin has laws that prevents price gouging in times of crisis. The Governor must declare the state is experiencing is in a period of abnormal economic disruption—which Governor Evers has. Once declared, wholesalers and retailers are prohibited from selling consumer goods or services that are subject to the order at prices that are not more than 15 percent above pre-declaration prices. However retailers are permitted to pass on their cost increases. Here is a simple example: if you purchased a gallon of milk from your supplier for $2.00 you cannot sell it for $5.00, unless you are hearing from your supplier that it is raising its price to $4.00 per gallon. You need to use some common sense to the market prices in your area and not take advantage of your regular customers.
The Wisconsin Department of Agriculture, Trade and Consumer Protection is developing an official guide for restaurants who wish to conduct grocery store activities. When that guide is available it will be posted here. Please check back for additional information. Questions can be directed to Susan Quam at 608-270-9950 or firstname.lastname@example.org.
Are there more scams businesses need to be wary of?
Society Insurance warns that scams are on the rise. Under normal circumstances, hackers and scammers are annoying at the very least. With recent events revolving around coronavirus (COVID-19), scammers have upped their game, increased their efforts, and are making a hard situation even more difficult. Not only has the volume of scams gone up in recent days, the complexity and authenticity of those scams is making it very hard to separate the legitimate from the fake.
Forbearance Offers On Money Owed
What does it mean if my lender, mortgage company or supplier company offers forbearance on money owed?
Your lenders or supplier companies may offer you forbearance on a loan or mortgage or money owed for products or services in light of the Coronavirus crisis. While this sounds great, it’s important to ask questions before accepting a forbearance offer. Forbearance usually is not loan or debt forgiveness. Often it just postpones it to a later date and your loan or debt amount keeps accumulating which can add up to a huge amount very quickly. You need to be clear how much you will owe at the end of the forbearance period and when that amount would be due. It’s especially important to keep in mind with mortgages or loans. If you accept forbearance , you may end up unknowingly forgoing your ability to refinance. Make sure you ask some of these important questions before accepting an offer of forbearance.
My county allows for 50% capacity. How is that determined?
For the purpose of restaurants, the intent is to provide efficient physical space to allow for adequate social distancing. Maintain a minimum 6 feet social distance between your customers not in the same household. This includes customers waiting for a table. It is important you take the necessary measures to accomplish this:
- 6 ft. distance back to back from chair to chair, booth etc.
- Provide two open barstools between each party
- Use best judgement when in specific situations
Your capacity number varies by city/county health department orders. However, staff must maintain social distance requirements and if that is not possible, masks and other protective equipment may be required. Check with your specific health department.
Information and Resources
WISCONSIN ECONOMIC DEVELOPMENT CORPORATION (WEDC)
WEDC has information and resources to help navigate some of the challenges that COVID-19 is presenting for small businesses in Wisconsin.
National Restaurant Association
The National Restaurant Association has information and resources specifically for restaurant operators relating to the Coronavirus
Department of Tourism
The Wisconsin Department of Tourism has resources to help your business, organization and employees navigate this incredibly difficult time.
- Main Street Strong – Presented by DoorDash - Available on Demand
- Animal Protein Sustainability: Separating Fact from Fiction – Presented by the North American Meat Institute - Available on Demand
- Extended COVID-19 Furloughs, Layoffs and Other WARN Act Concerns: Avoiding Notice Requirement Pitfalls – Presented by the Restaurant Law Center of the National Restaurant Association - Available on Demand
- Finance, Tax & Audit Expert Exchange Virtual Event - Available on Demand
- From the COVID-19 Trenches: Lessons Learned and Breakout Successes in the Foodservice Industry - Available on Demand
- Crystal Ball 2021: How Upcoming Elections Could Impact Restaurant Regulations – Presented by the Restaurant Law Center and Jenner & Block - Available on Demand
- MEG TALKS: What Marketers Need to Know About the Forever-Changed Restaurant Industry – Presented by Black Box Intelligence - Available on Demand
- Virtual Town Hall Series: Former Black CEO’s in Foodservice Discuss – Building an Inclusive Executive Suite – Presented by The Multicultural Foodservice & Hospitality Alliance - Available on Demand
- From Outbreaks to Pandemics: Why the Essentials of Managing Food Safety Risk Matter – Presented by ServSafe - Available on Demand
- Calculating What’s Next: Restaurant COVID Recovery Review for Tax and Finance Pros – Presented by Sage Inacct - Available on Demand
- Paid Sick and Family Leave, What Comes Next? – Presented by the Restaurant Law Center and Fisher Phillips - Available on Demand
- Explore the Future of Restaurant Spaces and Payment Technologies - Hosted by Heartland - Available on Demand
- Restaurant Relief: The Road Ahead with Sean Kennedy - Hosted by the National Restaurant Association Public Affairs team - Available on Demand
- Black Franchisee Perspectives during COVID-19 and the Anti-Racism Movement - Hosted by the MFHA - Available on Demand
- Protect Your Business from Pandemic-Related Employment Litigation - Hosted by the Restaurant Law Center and Epstein Becker Green - Available on Demand
- Blueprint for Restaurant Revival - A Plan for Short-Term Restaurant Survival and Long-Term Industry Recovery - Hosted by the National Restaurant Association Public Affairs Team - Available on Demand
- Making Lemonade: Restaurant Best Practices - Hosted by the Restaurant Law Center and Sheppard Mullin LLP - Available on Demand
- From Surviving to Thriving, Reimagining the Return of Restaurant Experiences - Sponsored by Heartland - Available on Demand
- Cultural Intelligence for Restaurant Managers During COVID-19 - Hosted by the Multicultural Foodservice & Hospitality Alliance - Available on Demand
- Re-imagining the Return of Restaurant Experiences - Presented by The National Restaurant Association and Heartland - Available On Demand
- Restaurant Reopening Guidance for the Restaurant Industry - Hosted by the National Restaurant Association - Available On Demand
- Technomic Talks: COVID-19 Impact Update - Hosted by Technomic, Inc. - Available On Demand
- Business Interruption Insurance Claims: What You Need to Know Now - Hosted by the Restaurant Law Center - Available On Demand
- Marketing When Limited to WOM and Social - Hosted by Yelp – Available On Demand
- PPP Loan Forgiveness Application Released. What now? - Presented by Bakertilly - Available on Demand
- Technomic Talks – Off-Premises Shift - Hosted by Technomic - Available on Demand
- Restaurant Industry: What’s Next, the Data, and How to Prepare - Presented by David Henkes, Senior Principle at Technomics - Sponsored by Ordermark - Available on Demand
- Running Through the Fire – Planning the Future of Restaurant Menus - Hosted by Datassentials - Available on Demand
- What Recovery Looks Like - Hosted by Technomic, Inc. - Available on Demand
- Ingenious Business Solutions: Brilliant tips and tricks for independent operators - Sponsored by Yelp - Available On Demand
- Cultivating Diversity & Inclusion and a Positive Workplace in Highly Stressful Times - Sponsored by Unilever - Available On Demand
- Real-time business continuity for restaurant operators - Hosted by the National Restaurant Association - Available On Demand
- Creating a Better Employee Morale Now and Moving Forward - Sponsored by Unilever - Available On Demand
- Every Monday and Thursday 2:00 pm Central Time: Path Forward - Navigating the Return to Work - Presented by the US Chamber of Commerce - Available On Demand
- Practical Mental Health for the Foodservice Industry - Sponsored by Unilever/#FairKitchens - Available On Demand
- How Your Cloud POS Can Help You Pivot - Sponsored by Heartland - Available On Demand
- Real time lessons restaurants learned from Coronavirus, Hepatitis A and Norovirus - Sponsored by Gojo, the makers of Purell - Available On Demand
- Motivation for Nutrition & Physical Wellness for the Foodservice Community - Sponsored by Unilever - Available On Demand
- Medical Treatment Anytime, Anywhere with No Crowds - Hosted by the National Restaurant Association - Available On Demand
- The National Restaurant Association Show's Resource Hub has free, on-demand webinars covering a range of pressing topics, including: preparing for reopening, demystifying the CARES Act, innovative ideas to drive sales, consumer behavior during the pandemic, how to navigate this new landscape and state of the industry and future foodservice outlook.
FREE FOOD SAFETY TRAINING AVAILABLE
Because of the challenges presented by COVID-19, ServSafe has developed a number of free resources aimed at keeping our workers and the dining public safe. Free courses include ServSafe Reopening Guidance: COVID-19 Precautions, ServSafe Delivery: COVID-19 Precautions and ServSafe Takeout: COVID-19 Precautions.
How to Help Your Community
Donate Supplies to the Front-Line Workers
Consider donating personal protective equipment (PPE) to help your local front-line employees get the protection they need. Helpful items could be gloves, masks, gowns, cleaning wipes, hand sanitizer, etc. Contact your local fire departments, police departments or hospitals to find out where you can drop off supplies.
Other locations requesting supplies:
Dane County Sheriff's Department
Need: Surgical masks, disinfecting wipes, hand sanitizer, N95 masks
Drop-off: Call 608.327.9371 or email email@example.com
Need: Hand sanitizers & disinfecting wipes
Drop-off: W55 N155 McKinley Blvd, Cedarburg, WI
Rock County Sheriff’s Department
Need: Masks, gowns, face shields
Drop-off: Please call 608.290.4589 or email firstname.lastname@example.org to make arrangements
Open up your restaurant’s freezer/pantry so they can feed their families. Local food banks are welcoming donations of canned or non-perishable items, as well as other basic necessities.
Patronize Local Restaurants
Grab curbside, take out or delivery from your favorite local dining spot or consider purchasing a gift card to be used at a later date.
The American Red Cross and other blood centers are experiencing a decrease in blood donations. If you are healthy, consider scheduling an appointment.
Customer Appreciation Posters
WRA has created posters and social media images for restaurants to download and display. Choose your favorite poster to display at your location and/or share one of the images to your social media accounts to show your customers that you appreciate their continued support.
MASKS REQUIRED/SUGGESTED POSTERS
SOCIAL DISTANCING POSTERS
HAND WASHING POSTERS
Handwashing is the most effective means of preventing the spread of bacteria and viruses and can prevent contamination of food, utensils and equipment. Training is key! Don’t assume that your employees know the proper way to wash their hands.
To encourage employees to properly wash their hands, WRA created several new handwashing posters.