How Business Owners Can Access Their COVID-Related Tax Credit Refund  

A little-known government program is offering financial relief for business owners impacted by the COVID-19 pandemic. The Employee Retention Credit (ERC) is a tax credit from the Federal government and part of the Infrastructure Investment and Jobs Act. The ERC is open to businesses of all sizes that retained employees during the pandemic-related shutdowns and slowdowns in 2020 and 2021. Although the program was officially sunsetted in 2021, the credit is available retroactively, with businesses having up to three years from the end of the program to review wages paid after March 12, 2020 and file a claim. The ERC could give businesses up to $26,000 per full-time employee if eligible, and benefits can be larger than the amounts a company received in PPP funding.   

According to the IRS, the ERC is “a refundable tax credit against certain employment taxes equal to 50% of the qualified wages an eligible employer pays to employees after March 12, 2020, and before January 1, 2021. Eligible employers can get immediate access to the credit by reducing employment tax deposits they are otherwise required to make. Also, if the employer’s employment tax deposits are not sufficient to cover the credit, the employer may get an advance payment from the IRS. 

“For each employee, wages (including certain health plan costs) up to $10,000 can be counted to determine the amount of the 50% credit. Because this credit can apply to wages already paid after March 12, 2020, many struggling employers can get access to this credit by reducing upcoming deposits or requesting an advance credit on Form 7200, Advance of Employer Credits Due To COVID-19.” 

Below we break down the ERC tax credit process, including eligibility requirements, necessary documentation and steps to apply. 

Who is eligible? 

The ERC is available to all types of small businesses—LLCs, LLPs, C-Corps, S-Corps, B-Corps, sole proprietors and non-profits with W2 employees. Three criteria govern who can receive the credit, with businesses having to meet only one to qualify. While eligibility details should always be reviewed with the IRS or a tax professional, generally, below are the ERC eligibility requirements: 

  1. Reduced year-over-year revenue in 2020 or 2021 
  2. Reduced revenue in those years due to government mandates, such as forced business shutdowns; or if the business was started after February 15, 2020 
  3. Less than $1 million in gross annual receipts 

What you’ll need  

After reviewing the eligibility requirements, business owners can begin the application process by preparing the following paperwork: 

  • Employer’s Quarterly Federal Tax Return, Form 941 
  • Advance Payment of Employer Credits Due to Covid-19, Form 7200 
  • Reporting Agent Authorization, Form 8655 
  • PPP Application and Forgiveness, when applicable 

Additional forms and supporting materials may be required, depending on your unique circumstances, which can include 2019, 2020 and part of 2021 financials, along with any official government-ordered shutdown or suspend operations notices.  

How to apply  

Business owners can apply online at https://www.irs.gov/forms-instructions after gathering the necessary forms. For third-party assistance with the application process, business owners can visit https://www.LendioDenver.com. If you go the “do-it-yourself” route, be prepared for a potentially long process if you select to complete the application on your own. While business owners can file for the credit themselves, the process for getting a full tax credit can be challenging with the application running to over 170 pages of IRS-required documentation with ongoing amendments to the program since inception. It is recommended that business owners seek the expertise of an experienced professional or third party to maximize the odds of a successful application.   

Per the IRS, “eligible employers will report their total qualified wages and the related health insurance costs for each quarter on their quarterly employment tax returns, which will be Form 941 for most employers, beginning with the second quarter.” The IRS website indicates a six-week to six-month timeline to receive credits, yet we are seeing the process take six to eight months, with some applications taking more than 12 months to receive a credit. 

If using a third party, such as Lendio, business owners may be asked to complete a pre-qualification application to begin the ERC process. In this instance, the local Lendio team performs internal prechecks after the pre-qual application is complete and works with the business owner to identify the documents needed to submit their application. 

While the ERC program remains overlooked by many small businesses, it is a tremendous opportunity for businesses that have been negatively affected by the COVID-19 pandemic.  If your business experienced a substantial decline in gross receipts but has since recovered and you didn’t claim the tax credit, it is possible to apply for the credit for retaining employees and persevering through the economic challenges resulting from the COVID-19 pandemic.  

Bill Airy 2Bill and Leanne Airy are president and owner of Lendio Denver.  Lendio Denver and its partners have secured over $5.7 million in tax credits for Denver-area small business owners. Bill is a Colorado native and experienced entrepreneur who founded his first small business in 2007 and sold several businesses before founding Lendio Denver. Contact him at 303-747-3538 or [email protected]. 

Colorectal Cancer Screenings Must Remain a Priority

Did you know that one of the most prevalent and deadly cancers in the United States is colorectal cancer?

In fact, not counting some types of skin cancer, colorectal cancer is the third most common cancer and is the third-leading cause of cancer death in men and women in the country, according to the CDC.

This year’s Colorectal Cancer Awareness Month is more important than ever, especially due to the fear surrounding contracting the virus that causes COVID-19, which may have prevented some individuals from screening, diagnosis, and treatment for non-COVID diseases.

With colorectal cancer, a preventive lifestyle and getting your recommended screenings are key.

When it comes to your colon health, age plays an important factor. According to the National Cancer Institute, the risk of colorectal cancer increases after the age of 50 and most cases of colorectal cancer are diagnosed after age 50.

Detecting colorectal cancer early is important. When colorectal cancer is found at the localized stage, meaning, there is no sign the cancer has spread outside of the colon or the rectum, there is a 90 percent relative survival rate based on the American Cancer Society’s Surveillance, Epidemiology and End Results (SEER) data.

Screening is as important now as it was before Colorectal Cancer Awareness Month and before the pandemic.

It’s recommended that all adults aged 45 to 75 years be screened for colorectal cancer and adults 75 or older should be selectively screened; considering the patient’s overall health, prior screening history, and patient preferences.

With COVID-19 and variants through the pandemic, patients might think that a hospital is the last place they should go now. However, hospitals and clinics are following protocols to sanitize, socially distance, and keep infected people in isolated areas to ensure patients are safe and feel comfortable.

Here are the colorectal cancer screening tests recommended by the U.S. Preventive Services Task Force:

  • Fecal immunochemical testing (FIT) kits – an in-home colon cancer screening test to detect blood in the stool by measuring antibodies
  • FIT-DNA – combines the FIT with a test that detects altered DNA in the stool
  • High-sensitivity guaiac fecal occult blood tests (gFOBT) a test that detects blood in the stool based on chemical detection of blood
  • Flexible sigmoidoscopy detects polyps or cancer inside the rectum and lower third of the colon
  • Colonoscopy exam a tiny camera on a flexible tube transmits images and allows your doctor to see the inside of the colon to discover any growths or abnormalities such as polyps and cancers
  • Virtual colonoscopy uses X-rays and computers to produce images of the entire colon

Lifestyle approaches, especially related to diet and exercise, can help lower your risk of colorectal cancer, according to the American Cancer SocietyBeing overweight and physically inactive, or consuming high amounts of alcohol, red meat and processed meat, have all been shown to increase the risk of colorectal cancer. 

In short, with colorectal cancer, a preventive lifestyle and getting your recommended screenings are key! So being prepared and aware of your options is vital to staying healthy. Through screenings, understanding risk factors, and engaging in a healthy lifestyle and healthier choices, lives can be saved. Why not start now?

 

Dr Jayme TishonDr. Jayme Tishon is a gastroenterologist with Optum Colorado. She joined Optum’s Digestive Disease Clinic in June 2020.

Workplace wellness put to the test

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Illustrations by Adam Vicarel

Josh Wolkon’s bags were packed for Hawaii. But instead of boarding a plane on March 16 last year, he drove to Ace Eat Serve in Denver’s Uptown neighborhood, where he told 30 restaurant managers he was “shutting everything down.”

“I broke down,” says Wolkon, the founder of Secret Sauce F&B, the independent restaurant group behind Steuben’s Uptown, Steuben’s Arvada and Ace Eat Serve. “Over the next 24 hours – it all happened so fast – my COO and I told 180 people they no longer had jobs. It’s hard enough letting one person go …” Wolkon’s voice trails off. “Everyone was shell-shocked.”

When Denver Mayor Michael Hancock issued a citywide Stay at Home Order, “Employees in every industry were disrupted,” says Dr. Carl Clark, president and CEO of Mental Health Center of Denver. “The pandemic has impacted everybody’s well-being.”

A record 20.5 million Americans lost jobs in April 2020, when Colorado’s unemployment rate reached 12.2%, the highest it had been since the state started tracking unemployment levels in 1976.

While frontline and essential workers worried about their physical health, isolation and loneliness affected nine-to-fivers during a historic rise in remote working. Employees in every sector dealt with financial insecurity due to widespread layoffs and pay cuts. “You’re not in control in a pandemic, and that’s a very uncomfortable feeling,” Wolkon says.

 

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Mental health issues skyrocketed in 2020

Surveys conducted by the U.S. Centers for Disease Control and Prevention in June 2020 showed that the number of Americans suffering from an anxiety disorder had tripled since 2019, and the number of those with depression jumped fourfold. Compared to data from 2018, twice as many respondents reported seriously considering suicide in 2020.

One in 10 adults surveyed said they’d started or increased their use of alcohol or drugs, and about 41% reported an adverse behavioral health condition.

While there’s currently no data to support this phenomenon at the state level, anecdotal accounts indicate that national trends can be generalized to Colorado.

“The demand for our services is way up,” Clark reports. “We get 100% more calls on our crisis line than we did a year ago, and we’re doing about 4,000 telehealth sessions a week, using 3 million minutes of audio and video a day.”

Dr. Sammie Moss, a Kaiser Permanente psychiatrist, has also seen a stark rise in demand for mental and behavioral health care from people who didn’t previously pursue care, plus increased symptoms in long-term patients.

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Behind the Scene

Colorado employees might be experiencing two mental health conditions at once: grief and stress.

“Any time change is forced, you can experience grief,” Clark says, noting that we all lost our “old ways of life” in 2020. Clark sees every phase of grief everywhere he looks. “Denial, anger, bargaining, depression. Eventually,” he says, “There’s acceptance, and people can feel hopeful again.”

Many workers are also experiencing stress, which is our body’s way of indicating that “something important has arrived,” Clark continues. Stress causes “an actual, physical reaction,” he says, when it triggers the flight or fight response, prompting spikes in blood pressure and heart rate. One of the “elements” of stress, Clark says, is a feeling of helplessness.

“This has been the most challenging stint in leadership in my 30-year restaurant career,” Wolkon says, adding, “Having to show up to work every day and be a positive leader in the midst of all this, that’s incredibly challenging.”

Wolkon focuses on what he can control, a smart tactic any employer can implement in 2021.

Give employees time to be stressed

“When employees are stressed, the first thing to do is acknowledge it,” Clark says. “An amazing thing happens when we acknowledge stress. We move it from the reactive amygdalae to our frontal lobe, which is the place where problem-solving happens.”

Some problems can’t be solved right now. For these “uncontrollables,” Clark recommends, “Pick a time of day to be stressed.” That sounds bizarre, we know, but it works. At, say, 2 p.m. every day, let employees schedule in 15 minutes to sit down and think about everything that’s stressing them out. This way they aren’t stressing 24/7.

Communicate clearly and often

Now’s the time to improve in-house communication with clear, concise companywide emails.

“You can’t say things enough right now,” Clark says, adding, “People can only hear so much information at a time when they’re feeling stressed.”

Clark, for example, has told his staff at the Mental Health Center of Denver that the organization is not laying anyone off — in fact, it’s hiring. “I must have communicated this for four months before people could actually hear it because everything in the news is layoffs, layoffs,” Clark says.

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Foster community from afar

Research shows that social support protects employees against a variety of mental health issues, including stress and grief.

“People in their jobs are looking for three main things,” Clark says. “They want to be competent, they want to have autonomy, and they want relationships.” For those who were used to working on-site, there’s been a big “gap in relationships,” Clark says.

“Many people counted on being able to interact with others at work as part of their self-care,” says Moss, the Kaiser Permanente psychiatrist. “Employees are really missing those water-cooler moments.”

Employers can facilitate casual interactions by setting up virtual coffee hours and/or opt-in meetings with no agenda. Launch a virtual charity event, or use this time to establish employee-led committees that promote diversity and inclusion in the workplace.

And don’t forget to celebrate milestones and special events with team video calls and handwritten thank-you notes.

Be patient with parents, and demand that all workers take breaks

Many Colorado employees are parents who had to learn to work from home while teaching their children. “Now they’re trying to work in a house full of people all day long,” Clark says.

Employees are working longer hours than before because, Clark continues, “Their work is always right there in front of them.” Put a cap on remote hours to prevent burnout.

“If you’re at home,” Moss says, “don’t let work invade home life.”

Designate a specific space or zone within your house for office work. Then, when your workday is over, do something “highly engaging for at least 30 minutes,” Clark says. A brisk walk, cooking dinner — many actions can replace the pre-pandemic commute that allowed many workers to unwind.

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“If we really want the economy to rebound, the mental health of employees has to be addressed.” – Dr. Carl Clark, Mental Health Center of Denver

Encourage healthful coping skills

“People try to self-soothe in different ways,” Moss says. Some stressed-out employees might be tempted to drink more and/or abuse substances.

And it’s not like employees have had much incentive to engage in healthful self-soothing this year. Physical exercise is one of the best methods for healthy self-soothing, Clark says, yet during the height of the pandemic local gyms were forced to close, before re-opening with gradually increasing capacity limits.

In public parks, nets on tennis courts and basketball rims were removed, at a time when recreation was sorely needed from a mental-health standpoint, but containing the virus called for social isolation.

Liquor stores and dispensaries, meanwhile, remained open, and their business really boomed.

According to market research from Nielsen, national alcohol sales outside of bars and restaurants surged nearly 24% during the pandemic. “Colorado liquor stores had a significant increase in sales in 2020,” says Kachina Weaver, executive director with the Colorado Licensed Beverage Association, which represents around 1,600 liquor stores around the state.

But there’s a caveat: Two years ago, when full-strength beer came to grocery stores, liquor stores experienced a severe decline in revenues. “This last year, what they’ve achieved,” Weaver explains, “is returning to where they were in 2018.”

And Covid-19 made 2020 a record year for cannabis sales. According to figures from the state Department of Revenue, marijuana sales in Colorado were up about $2 billion from 2019 figures — $9.8 billion in 2020, compared with $7.8 billion the previous year.

Wolkon has encouraged positive coping skills for more than a decade, through Healthy Living Week, a popular workplace wellness program. This year, Healthy Living Week went virtual, and 50 employees participated in October. Wolkon even hired a licensed therapist to address the topic of “breaking bad habits,” he says.

Offer mental health services as insurance benefits

In addition to health insurance, Wolkon’s employees have access to assessments, short-term counseling, and follow-up mental health services through an Employee Assistance Program, or EAP.

In 2020, in an effort to tackle a growing need for mental health services, many providers pivoted to virtual platforms, giving employers and employees more options for care.

Mental Health Center of Denver, for example, created a website, You at Your Best, with self-assessments and curated content for people who are dealing with anxiety and depression.

Kaiser ramped up its telehealth services, Moss says, noting that he’s had the ability to add new patients during the pandemic. “Virtual care provides me with the ability to see somebody in the metro area who wouldn’t have previously had the time in their day to drive across town,” he points out.

If you like the care-from-home model, Clark recommends enrolling in Yale University’s most popular course, The Science of Well-Being, currently free to the public online. The 10-week class is rooted in positive psychology. “It’s informative, and also really fun,” Clark says.

“If nothing else, as business owners and decision makers, make sure your health insurance offers a component for behavioral health,” Clark continues. “If we really want the economy to rebound, the mental health of employees has to be addressed.”

Pandemic prompts small-business tweaks that may endure

From curbside pickup and senior shopping hours to dining in yurts and viewing menus via smart phones, small businesses and restaurants were forced to institute a wide range of customer safety and service steps in 2020. Business owners now are examining which of those experiments were so successful that they will stay around post-pandemic.

The pandemic pushed businesses to turn from what was easiest and best for their own internal operations to instead adapt to become more consumer centric, said Chris Romer, CEO at Vail Valley Partnership, a nonprofit dedicated to regional economic vitality.

“The businesses that thrive coming out of the pandemic are going to be 100% focused on the customer experience,” Romer said. “Things that make it easier for consumers are here to stay. The pandemic fast-tracked a lot of that.”

Changes that small-business experts expect to stick are those related to customer comforts and technological advances such as non-contact payments, scannable QR codes for digital menus, curbside pickup of retail and restaurant orders, enhanced to-go ordering apps and online platforms, and expanded delivery services.

With restaurants and bars suffering some of the toughest blows, look for the continuation of carry-out cocktails, dining in unique outdoor settings such as in retired gondola cars, seating expanded into public rights of way, and seasonal extensions of outdoor patio dining, said Sonia Riggs, CEO of the 3,500-member Colorado Restaurant Association. Riggs said food and beverage organizations will carry through with pandemic lessons learned that boost efficiency and cut costs since the profit margin of restaurants is low, averaging 5% to 7%.

The Town of Breckenridge instituted a Walkable Main Street for five blocks from July through September that was a popular and successful experiment, as it introduced more tables and chairs and more space to stroll through downtown, said Brian Waldes, town finance director. He said creating a pedestrian zone on Highway 9 had been discussed for many years, but the “pandemic was the tipping point to try it.”

“We had great visitation numbers over the summer,” Waldes said. “We really feel that it (Walkable Main) kept that level of economic activity.”

Expanded outdoor zones for public consumption of alcoholic beverages are popular with guests and are expected to survive post-pandemic. Last year leaders approved common consumption areas, for example, at ski base areas in Steamboat Springs, Vail, Telluride and Beaver Creek.

Many small businesses committed the time and funds in 2020 to improve online shopping options to serve customers remotely. In small towns such as Fruita and Palisade, chambers pivoted from organizing in-person events to expanding community-wide business websites. Kayla Brown, Fruita Area Chamber of Commerce executive director, said she saw “a huge need” to create a “shop local” directory called GrandValleyBusiness.com.

“We weren’t looking into building an online platform,” Brown said, “but we know the value in having a good online resource now more than ever because of the pandemic.”

Drivers are in demand

If you’re among the thousands looking for work or going stir-crazy at home–or both–a commercial driver’s license could be your ticket to employment AND sanity.

The job of commercial driver, with a median advertised annual salary of $70,016, led all job postings in Colorado in the last week of July, according to the Colorado Department of Labor and Employment, based on data from the labor-market advisory firm Economic Modeling Specialists Inc.

For more Colorado employment information, visit www.colorado.gov/cdle/.

Here are the top 10 most-posted job openings and median advertised salaries compiled by EMSI for the work week ending July 31:

  1. Drivers with a commercial license – $70,016
  2. Registered nurses – $74,112
  3. Unclassified – $38,528
  4. Software engineers – $100,608
  5. Truck drivers – $70,016
  6. Retail sales associates – $33,408
  7. Customer service representatives – $33,408
  8. Delivery drivers – $40,832
  9. Sales representatives – $60,032
  10. Sales managers – $46,720

How COVID-19 is transforming Colorado commercial spaces

COVID-19 has not only impacted how we live our lives, but it has also drastically changed the way our businesses operate.

Many companies have risen to the occasion, taking immediate action to safeguard employees and adapting to new ways of operating. Across industries, leaders use the lessons from this large-scale work-from-home experiment to reimagine how work is done—and what role offices should play—in creative and bold ways.

While many industries have been able to acclimate to employees working from home, commercial real estate is a different story. Site selection and touring is an integral part of an industry that thrives on interpersonal connection.

Additionally, old commercial real estate priorities need to adapt to new health guidelines, which can greatly affect the number of people allowed in these spaces.

As a result, the real estate industry has expressly recognized the need for change and adaptation in response to COVID-19, as well as the need to embrace technology.

If your business has been converted from in-person to virtual as a result of COVID-19, you should have an effective and structured plan to transition back into your space.

As businesses adapt to a new normal, a plan can ease the stress of returning to work after the pandemic-related restrictions are lifted. Business owners will need to consider different approaches to reopening properties and making decisions about remote versus on-site jobs depending on the industry and location.

If you are a party to a commercial real estate lease, you will need to figure out how to adapt to accommodate current restrictions and limitations potentially for the remainder of the lease term.

Social distancing and other health department regulations can – and, for many businesses, probably will – extend through 2020 or until a vaccine is discovered. This will greatly affect how many people can be in a commercial space, which will greatly impact revenue potential of tenants and landlords.

The return to physical spaces will more than likely be guided by a myriad of federal, state and local regulations attempting to ensure hygiene, sanitization, health, and safety. Owners should consider whether there are cost effective technological solutions to reduce risks, such as cloud based computing, keyless entry or increasing air flow. Using more cloud-based tools for remote working and collaboration can aid in this difficult and transitional process as not everyone is familiar with the technology. Implementing key fobs for elevators and front doors can help alleviate the spread of the virus and put your employees and patrons at ease. Boosting air circulation or upgrading air filtration for HVAC systems might be options. Talking to professionals about these options and determining the best options moving forward will save you time, money, and stress in the long run.

Another prudent use of money is to determine what are your rights in response to COVID-19 by having an attorney review your commercial real estate lease. Parties may be looking to excuse performance or make changes in response. Failing to comply with the lease provisions may result in a bad situation becoming worse. Analyzing the lease terms with a trained professional will further ensure that you are making the best choices for your business.

The challenges COVID-19 poses to business owners are daunting, but with proper planning and timely action nearly any commercial establishment can overcome them. Company leaders need to utilize data and collaborate closely with tenants to understand their needs, and be continuing to anticipate the possible outcomes to ensure not only the immediate success of reopening but the long-term success as well.

A company’s out-of-the-box pivot during the pandemic

It’s no secret that the global pandemic forced many Colorado businesses to adapt and even pivot.

Rainbow Ryders, a hot air balloon company that once operated over 300 flights per day with the local tourism fueling its balloon business, is one of those businesses.

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During pre-pandemic days, about 80% of Rainbow Ryders’ customers were tourists from corporate groups and leisure travel. During this COVID-19 era, the company reevaluated its operations and enhanced the highest level of safety and sanitation to continue offering balloon rides as a socially-distant activity.

Scott Appelman 2

Founder and CEO Scott Appelman found a way to keep moving forward during these uncertain times. While providing safe, socially distanced hot air balloon rides, the company now offers corporate hot air balloon advertising. Rainbow Ryders has partnered with large companies such as General Mills, Phillips 66 and Dos Equis to creatively advertise their brands on hot air balloons.

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This form of brand marketing and out-of-the-box publicity stunts started at his balloon festivals and go beyond TV, radio, digital and print advertising. Rainbow Ryders creates flying billboards for its partners that bring brand messages right to people’s homes, during a time where most of our time is spent.

Financially preparing for back-to-school expenses during the pandemic

For many parents, August marks the start of back-to-school planning. While this year is no different, the preparations have changed due to the pandemic as the logistics of children returning to the classroom are more complicated than usual.

While you may not yet know if your children will be learning virtually or in-person, there are still ways to financially prepare for related expenses.

In-person expense planning

With the need to minimize contact and the sharing of supplies, basic school supplies like pencils, folders, crayons, rulers and glue are even more important this year, and so are safety items like masks and hand sanitizer. According to the National Retail Federation, the average American family plans to spend $789.49 on school supplies, which is up nearly $100 compared to last year.

Costs for virtual learning

As our communities continue to reel from the coronavirus, many schools are embracing virtual learning full-time, or creating contingency plans in the event of COVID cases impacting attendance. Hopefully the school district will provide the necessary technology your students’ needs, but in the event they don’t, it is important to be prepared for this added cost. Tablets and laptops can run from $330 – $1,300 depending on the brand you select. You might also want to consider different tools such as timers, planners or apps that can help your student stay focused and manage his or her time.

Creating a designated study space for your student at home could also cost some money. Desks and chairs can get pricey so look for ways to creatively reuse furniture you already have, or scout for deals and sales. If these extra expenses are not part of your monthly budget, start small and buy one thing at a time. Make a list of what your student needs and work it in your monthly costs as you can.

Unforeseen costs

In addition to planning for back-to-school costs—regardless of how schools will operate—it’s also important to refresh your finances related to personal costs related to insurance, at-home medical supplies and cleaning materials. Many students will be due for their annual medical physicals. Check in on your medical benefits to see if the preventative care for your student is covered or which clinics will offer back-to-school physicals.

Depending on your student’s after school activities, you might also need to plan for the costs of new gear and supplies. Be sure to talk with teachers and coaches regularly to know if activities are happening this year and what precautions you need to take to keep your child healthy.

Your grocery bill might also change during this atypical school year. You might need to spend more money on groceries to account for eating most meals and snacks at home. Or you might need to buy additional items for your child to safely eat lunch at school without requiring them to use communal supplies.

No question: the 2020 school year will be a novel experience for children, parents and school staff. Stay financially prepared for whatever is ahead by considering the costs for both in-person and virtual learning and building your budget early.

Wendel Abby Abby Wendel is the president of consumer banking at UMB Bank.

Back to school: tips for divorced parents

The beginning of every school year brings certain challenges for parents. This year, parents are facing new challenges as a result of COVID-19, particularly parents living in separate households with shared physical custody of their children.

The added stress and anxiety associated with these circumstances can give rise to added conflict with an ex-spouse, particularly if there is already a history of conflict. It is important, now more than ever, for parents to remember to focus on the best interests of their children.

Because many courts across the country are still operating on a limited or emergency basis, it may be more difficult to access the Courts. As a result, parents will have to rely more heavily on their own ability to resolve issues concerning their children’s education during this time, whether that is through counsel or alternative dispute resolution.

The new challenge parents are facing this school year is the decision between in-person learning, remote learning or hybrid options. The uncertainty concerning future virus outbreaks, the impending flu season, and the possibility of future governmental shut downs may make this a difficult decision for many parents. Parents’ work schedules may also impact their ability to facilitate remote learning.

If parent’s have joint decision-making authority for educational decisions, it may be unclear as to whether participation in remote learning opportunities offered by the child’s school is considered a major decision (requiring a joint decision) or a day-to-day decision (which can generally made without the other party’s consent). In either case, the best approach is to focus on the children and for the parents to get on the same page as much as possible as to approaching remote learning. Parents who already utilize communication tools such as Talking Parents or Our Family Wizard, can use those tools to not only communicate about learning schedules, but can also coordinate through shared calendars. Use of a shared calendar can help the parents know which parent will be ensuring that certain subject work is completed, but will also help mitigate the child’s ability to play the parents off of each other (such as telling both parents that work will be completed while at the other parent’s home).

Parents should discuss their expectations as to enforcing remote learning under these circumstances.  It would not be surprising if one parent has a different perspective or expectation than the other. One parent may feel is important to keep a strict schedule and insist that all course work is completed, while the other may feel a more relaxed approach is appropriate. Neither approach is inherently right or wrong. However, conflict between parents regarding these issues can lead to increased stress and anxiety in children, which may ultimately detract from their ability to succeed in school no matter the format. Given the lack of access to the courts and the generalized increase in anxiety, parents should be aware of these differences, and may have to be more willing to accept these differences, for the benefit of their children during these uncertain times.

While it will almost always be better for children if parents can agree as to how children will participate in school, one parent may find themselves diametrically opposed with the other. In that situation, parents will have to find a way to break the impasse. The use of a decision-maker or arbitrator may provide the means to resolve the dispute. A decision-maker/arbitrator is an individual appointed to step-in and the make the decision. This person will receive information from both sides as to their points of view and then enter a decision. The process for providing each side’s perspective can range from informal discussion to the formal presentation of testimony and evidence like a trial.

One major benefit of using a decision-maker/arbitrator is that the process is generally must faster than going through the court. While there are additional costs, those costs are usually shared in some way between the parties and can often end up being less overall than litigation through the Court (particularly if both parties are represented by counsel). Depending on the relevant laws, appealing or challenging a decision-maker/arbitrator’s verdict may be limited. As both sides must generally agree to use such an individual, a decision-maker/arbitrator cannot be ordered by the Court over one party’s objection.

In the alternative, parties can try resolve the issue through the Court by filing a motion. When addressing these issues Court’s will often consider things such as the safety precautions articulated by the school, the different remote or in-person options available, and any health concerns related to the children or parents. In addition to these factual considerations, there are legal considerations as well. There may be a legal question as to whether the Court has the authority to step in and make a decision as between parents with joint decision-making authority. Although this would seem to be directly in line as to the purpose of the Court, in some states it may not be a clearly decided legal issue.

As mentioned above, there may also be a question as to whether the issue of remote or in-person learning qualifies as a major or day-to-day decision. If the latter, the Court may determine that a joint decision is not required an each parent can decide whether the child will participate in remote or in-person learning during their respective parenting time. Such a result could create chaos for the parents, the school, and most importantly for the child.

Whether or not participation in remote versus in-person learning is considered a joint or day-to-day decision is perhaps more relevant if one parent has sole educational decision-making authority.

On the one hand, participation in remote learning is akin to ensuring attendance at a particular school. Arguably, and depending on the specific laws of each state, a parent with sole educational making authority has the ability to enforce the child’s attendance at a specific school of their choice.

On the other hand, decisions regarding attendance or absences based on illness, doctor’s appointments, etc. are more likely to be considered day-to-day decisions which do not require the consent of the other party, regardless of how major decision-making authority has been allocated.

However, as noted above, if the parents are not on the same page, trying to follow different school schedules during each parent’s parenting time could lead to chaos and cause anxiety for the child.

Regardless of whether there is an allocation of joint or sole decision-making, the best approach is for parents to try to get on the same page. If that is not possible, this is a time to pick and choose battles. Since many courts are operating on a limited or emergency basis, parents should not expect to get immediate relief from the court regarding a dispute over a child’s education at this time. If disputes during this time are part of a longer pattern of issues, a parent should keep a record or journal of these issues with dates and a short explanation of the issues. This record can then be used later if the need arises.

Overall, parents should try to be aware and understand that these are uncertain times for everyone. Uncertainty is often accompanied by anxiety and fear. Anxiety and fear can often lead to emotional responses that might not otherwise be expressed. While these circumstances may present opportunities for increased conflict, some families are finding that their shared goal of keeping their children safe against an unknown but powerful threat is creating collaboration and communication. Compromise is almost always the best option to resolve disputes in family. This is even more true now.

Jon Eric Stuebner is an attorney at Griffiths Law PC in Lone Tree, CO. His law practice is comprised of all areas of family law, including high conflict and complex asset dissolution cases, allocation of parental rights, and post-decree disputes. Jon Eric is also a former educator with a Master’s Degree in education.

Building autonomous mobile robots from a garage in Boulder, Colorado

While it’s no secret that their fulfillment and delivery teams have been busier than ever supplying customers with items during the pandemic, Amazon’s robotics team has been working behind the scenes to re-engineer bots and processes to increase safety in their fulfillment centers.

While some folks are able to do their jobs at home with just a laptop and internet connection, it’s not that simple for other employees at Amazon, including those who spend their days building and testing robots.

Some engineers have turned their homes into R&D labs to continue building these new technologies to better serve customers and employees.

Canvas Team Loading Up To Move Equipment To Their Homes In Boulder
Canvas Team loading up to move equipment to their homes in Boulder.

Amazon’s Canvas robotics team in Boulder uses spatial artificial intelligence to create small autonomous carts that can move items through Amazon fulfillment centers to expedite the delivery of goods.

By using state-of-the-art cameras and sensors, these self-driving carts perceive their continuously changing surroundings while computer vision allows them to adapt and self-direct their movement.

In March, this team made final preparations in support of a stay-at-home order from the city. In just a day, they moved testing and manufacturing equipment and core operations from a combined office and lab space to several team members’ homes.

Then the magic really began, enabling them to build, test, calibrate, and validate fully functioning prototypes of the next generation autonomous carts from home.

Evan’s Hardware Workbench In His Apartment
Evan’s hardware workbench in his apartment

Evan Snyder, a hardware support engineer, built the sub-components from a newly created work bench in his apartment living room. Evan then transferred the sub-assembly components to begin the full prototype build at the home of fellow Hardware Support Engineer, Mohamed Shanata.

Canvas Cart In Mo’s Garage In Boulder (1)
Canvas cart in Mohamed’s garage in Boulder.

Within 24 hours from receiving the components, Shanata assembled a functioning autonomous cart in his garage, an outstanding feat outside of a lab.

Once the prototype was built, the robot was transported to the home of R&D technician, Noah Sharit, to implement and test the safety systems. From his garage, Sharit was actually able to improve on an early design of the safety system.

Fernando’s Calibration Room And “ice Wall”
Fernando’s calibration room and “ice wall.”

Finally, the robot arrived at the home of Fernando Nobre, a computer vision scientist who worked to improve the cameras by converting his garage into a calibration lab.

Here, Nobre implemented the technical processes to calibrate the camera systems to enable a 3D reconstruction of the carts’ surroundings—this way the cart could find its own path among conveyors, pallets of products and constantly moving equipment and people.

All in all, six robots circulated through seven team member homes, with precautions taken like disinfection on each transition.

As the autonomous carts become more common across Amazon Operations, the early innovations that came to life through  employees and their commitment to continue inventing in their Colorado garages will be most memorable.