Fitzpatrick Joins Group of Bipartisan Members Introduce Legislation to Reduce Layoffs by Expanding Employee Retention Tax Credit

Members are pushing for inclusion of their proposal in Congress’s next COVID-19 relief bill

May 8, 2020

LANGHORNE, PA—Today, May 8th, 2020, U.S. Representatives Brian Fitzpatrick, R-Pa., Stephanie Murphy, D-Fla., John Katko, R-N.Y., Suzan DelBene, D-Wash., and Chris Pappas, D-N.H., introduced bipartisan legislation to enhance the employee retention tax credit (ERTC) that Congress and the President recently enacted in the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The Members are pushing for their bipartisan proposal to be included in the next bill that Congress crafts to combat COVID-19.

The ERTC encourages businesses of all sizes to retain their employees so workers may continue to receive income and employer-sponsored health insurance without having to seek unemployment benefits. The ERTC also ensures workers and businesses are better-positioned to resume normal operations once the economic crisis caused by COVID-19 comes to an end.

“It is incredibly important that as many Americans as possible are able to stay employed and on the payroll during this crisis. We need to continue to support businesses and workers in their time of need,” said Fitzpatrick. “I am proud to sign on to this bipartisan legislation, which will bring much-needed clarity and assistance to our workers and their employers.”

“Democrats and Republicans in Congress, working with the Trump administration, have already managed to put politics aside and pass four bills to mitigate the health and economic effects of COVID-19,” said Murphy. “Congress can once again act in this ‘country-first’ spirit by expanding this bipartisan initiative to reduce layoffs, protect workers’ health insurance benefits, and help ensure a quick and robust economic recovery.”

“I am proud to join Reps. Murphy, DelBene, Fitzpatrick, and Pappas in introducing bipartisan legislation to improve and expand the Employee Retention Tax Credit (ERTC) established under the CARES Act,” said Katko. “This legislation would allow more Central New York businesses to utilize the ERTC, increase relief for participating employers, and support continued access to employer-sponsored health insurance for workers and their families. These enhancements are critical to strengthening our economy and saving local jobs amid the COVID-19 pandemic.”

“Keeping employees on the payroll is a mutual goal of workers and businesses during this incredibly difficult economic time. We need to provide targeted, practical relief for businesses and their employees that have been impacted by COVID-19,” said DelBene. “Expanding the Employee Retention Tax Credit will further support impacted businesses by covering more of an employee’s salary for longer and deliver relief quickly.”

“COVID-19 has shuttered our main streets and decimated America’s small business economy in ways we never thought possible before this pandemic,” said Pappas. “Although I am glad swift bipartisan action has been taken, we must continue to meet the changing needs of our small businesses. That is why I am proud to continue working in a bipartisan manner to build upon and streamline the Employee Retention Tax Credit. It is critical we continue to strengthen our federal programs so that small businesses can pay their bills, retain their employees, and remain ready to open their doors again soon.”

The ERTC included in the CARES Act is a refundable tax credit equal to 50 percent of up to $10,000 in qualified wages that an eligible employer, including a non-profit organization, pays to an employee between March 12, 2020, and January 1, 2021—that is, a maximum of $5,000 per employee. An employer is eligible for the credit if they had to fully or partially suspend operations due to COVID-19, or if the employer experienced a “significant decline in gross receipts,” due to COVID-19, defined as having gross receipts that are 50 percent less than gross receipts in the same quarter in the prior calendar year. For large employers (defined as those with more than 100 full-time employees in 2019), qualified wages are the wages paid to an employee for time that the employee is not providing services. If the employer had 100 or fewer full-time employees, all wages paid by the employer are credit-eligible.

The bipartisan bill introduced today, called the Jumpstarting Our Businesses’ Success Credit (JOBS Credit) Act of 2020, would make a number of targeted improvements to the ERTC to better fulfill its goal of keeping workers connected to their jobs during this crisis. The changes include:

  • Increasing the credit percentage from 50 percent to 80 percent of qualified wages;
  • Increasing the per-employee limitation from $10,000 for all calendar quarters to $15,000 per calendar quarter (and an aggregate of $45,000 for all calendar quarters);
  • Changing the threshold for treatment as a large employer from employers having more than 100 employees to employers having more than 1,500 employees (based on the average number of full-time employees in 2019) or having gross receipts above $41.5 million in 2019;
  • Making it easier for employers to qualify for the credit by phasing in the credit, so that employers who have experienced more than a 20 percent decline in gross receipts can claim a portion of the credit;
  • Clarifying that “qualified wages” include qualified health benefits and that employers who continue providing such benefits to their employees qualify for the ERTC even if they do not continue paying other qualifying wages;
  • Allowing state, territory, and tribal governmental employers (and any political subdivision, agency, or instrumentality of these entities) to claim the credit if these employers retain employees notwithstanding the closure of their operations; and
  • Improving coordination between the ERTC and the Paycheck Protection Program so employers can be eligible for both programs, but with guardrails in place to prevent “double dipping.”

The full text of the bill can be found here. A one-page fact sheet on the bill can be found here.