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CALCULATED BUSINESS RULE CODE ON TIME PROFESSIONAL

If a business has not been in business for 12 months, the average number of employees is used for each of the pay periods during which it has been in business.

Part-time and temporary employees are counted the same as full-time employees.

The average number of employees of the business is used based upon numbers of employees for each of the pay periods for the preceding completed 12 calendar months.

The method used by the SBA for determining a business' size based on number of employees includes the following principles:

CALCULATED BUSINESS RULE CODE ON TIME PROFESSIONAL

This includes employees obtained from a temporary employee agency, professional employer organization, or leasing business. In determining a business’ number of employees, SBA counts all individuals employed on a full-time, part-time, or other basis. How does SBA calculate the number of employees? On April 2, 2020, the SBA published the Interim Final Rule regarding the PPP Loan program detailing the general requirements and on Appublished a second Interim Final Rule regarding the affiliation rules under the PPP Loan program. The SBA’s affiliation rules may require a business to count employees of an affiliate business towards the employee cap for SBA loans. One key eligibility requirement for these loans is that the business employ no more than 500 employees, or, if applicable, the size standard in number of employees established by SBA for the industry in which the business operates. As a result of the worldwide pandemic caused by COVID-19, these Acts have greatly expanded access to two important disaster relief programs to be administered under the SBA, the Economic Injury Disaster Loan (“EIDL”) and the newly created Paycheck Protection Program Loan (“PPP Loan”). The Small Business Administration (“SBA”) loan programs have become a household name over the last few weeks following the passage of two key pieces of COVID-19 Response legislation: the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 and the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). What Counts Towards 500? Employee Calculations and Affiliation Rules Under SBA Regulations It does not matter whether control is exercised, so long as the power to control exists.

Affiliation exists when one business controls or has power to control the other, or a third party controls or has the power to control both.

The SBA has also created a religious exemption to the affiliation rules for certain faith-based organizations. Affiliation rules are waived for businesses with a NAICS code beginning with 72 (Accommodation and Food Services), franchises with an SBA franchise identifier, and business receiving assistance from an SBIC.

Under SBA regulations, certain business may be required to include in the total number of employees the employees of each business for which affiliation exists.

Part-time and temporary employees are counted the same as full-time employees.

When determining if a business has fewer than 500 employees, the SBA considers the average number of employees for each pay period for the preceding 12 months.