The CARES Act includes an Employee Retention Tax Credit (ERTC) which would:

• Provide a fully refundable tax credit of 50% of $10,000 in qualified wages and the allocable portion of health insurance to the qualified wages paid such employee who remains on an employer’s payroll:

• For employers with up to 100 employees any wages and the allocable portion of healthcare qualify;
• For employers with more than 100 employees only those wages and the allocable portion of healthcare that exceeds the value of the work and/or time worked qualify.

• Defines eligible employers as any employer who’s business during a calendar quarter:

• Fully or partially was suspended during the calendar quarter due to an order from a governmental authority limiting commerce, travel, or group meetings; or
• Beginning with the first calendar quarter after December 31, 2019 an employer had gross receipts that were 50% less for the same calendar quarter then in the previous year;and
• Ending with the calendar quarter following the first calendar quarter after gross receipts are 80% greater then the same calendar quarter in the prior year. 

• Makes both for-profit and not-for-profit employers eligible, but not state or local governments.
• Employers who receive a loan under the Paycheck Protection Program are not eligible for the employee retention tax credit.