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U.S. Reopening Information

U.S. Reopening Information

June 3, 2020

Authored by: Tom Lee and John Kindschuh

The United States has seen a wave of unprecedented restrictions on the way we do business and conduct our daily lives, designed to control the risks posed by COVID-19. These changes have caused uncertainty and disruption in the business community, as well as up and down supply chains. States are now issuing orders and guidance on the path back to work, and towards a new normal.

We have prepared the map and checklist below as a general reference resource to help companies get a sense for how their industry is being regulated in each of the 50 states. The information below is current as of the date listed on the map and chart, but is intended as the first, rather than last, step in a business’ effort to decide how and when to reopen a facility. The map and chart only reflect statewide orders, and there may be more restrictive local orders. Even those

Back to Work: Governor Pritzker Announces the Restore Illinois Reopening Plan

On Tuesday, May 5, Governor J.B. Pritzker announced a reopening plan for the state of Illinois. The Restore Illinois plan is divided into five phases, with the first two phases reflecting the restrictions imposed by the stay-at-home orders and the three subsequent phases pertaining to gradual reopening. Gov. Pritzker noted that the state is currently in Phase Two, which corresponds to the stay-at-home order modification that was issued on April 30. Because the stay-at-home order is set to expire on May 29, the earliest a transition to Phase Three could take place is May 30 unless the order is modified further. Before moving on to each subsequent phase, regions must meet certain health care metrics focused on case numbers, testing capacity, and contact tracing capacity.

The following chart provides a summary of each of the five phases:

Importantly, the Restore

U.S. COVID-19: California Announces Phased-In Reopening, Starting With Curbside Pickup

California Gov. Gavin Newsom announced on Monday that certain low-risk retail businesses will be allowed to reopen on a limited basis if they meet state guidelines and conditions to be announced on Thursday, including by allowing curbside pickup as early as this Friday.

Newsom said shops that sell items such as clothing, books, music, toys and sporting goods, as well as florists, are as among those who will be allowed to reopen on a limited basis if they meet the state guidelines.  Associated manufacturers that support the retail industry would also be allowed to begin production.

Whether a particular retail location can reopen, and under what conditions, also depends on the county and city where it’s located.  Six Bay Area counties announced last week that their shutdown orders will continue through the end of May: These include Alameda, Contra Costa, Marin, San Francisco, San Mateo, Santa Clara, and the City

Shutdown, Shelter in Place, and Back to Work Orders in the U.S.: Current Status

The United States has seen a wave of unprecedented restrictions on the way we do business and conduct our daily lives, designed to control the risks posed by COVID-19.  These changes have caused uncertainty and disruption in the business community, as well as up and down supply chains.

We are helping our clients across the country, and internationally, answer the key questions raised by these new orders:

  • Can I continue to operate some or all of my facilities?
  • What do I need to do to ensure that my employees can continue to come to work safely?
  • What do I need to do to ensure that I get the goods and services that I need to continue operating?
  • How do I manage the employment and HR implications of a limited or complete closure?
  • Are there any programs offering financial relief?

The map below represents the different orders across the

Back to Work: Practical Considerations from the U.S. Federal Reopening Guidelines

April 24, 2020

Categories

On April 16, the White House and the CDC released guidelines for a phased reopening of the U.S. economy. Most states and localities have been under “stay at home” or “shelter in place” orders since mid-March, and many jurisdictions are now considering how and when to lift these restrictions. The federal guidelines provide a broad blueprint for what a phased reopening could look like.

The guidelines anticipate that states and regions will move at different speeds, and that the recommendations will be tailored to each state or region’s individual circumstances. Several states, including New York, California, Ohio, Georgia, and Texas, have already announced their own plans for reopening.

Phased Reopening

The federal guidelines suggest that states implement the following phased approach to reopening:

The guidelines note that in all phases of reopening, individuals should continue to

U.S. Businesses Challenge Government Orders in Attempt to Continue Operations

Shelter-in-place and social distancing have become the new normal as we try to combat the spread of the coronavirus-19/COVID-19 in the U.S.  Many state governments have implemented stay-home or shelter-in-place orders to try to “flatten the curve” and protect citizens’ safety.

But as time passes, businesses are also concerned.  Under many such executive orders, a business that is not deemed “essential” or “life-sustaining” may be required to stop in-person operations, and we’re starting to see an uptick in local enforcement, including cease and desist letters and revocation of occupancy permits.   

Some shuttered businesses have started to bring their claims to court.  Business plaintiffs have filed cases in at least 8 states to date, challenging government action on constitutional grounds. **

Below is a summary of the prominent claims and factual allegations featured in these complaints.  Please note that because these cases were filed just in this past two weeks, the ultimate viability of

Back to Work: Governor Gavin Newsom Issues Guidance for Reopening California

California Governor Gavin Newsom was the first U.S. governor to impose a statewide stay at home order. He has now reported that his aggressive action appears to have flattened the curve of COVID-19 cases in the state, and many are now looking to Newsom for guidance on easing restrictions and getting people back to work.

Last week Newsom laid out a framework for lifting California’s stay at home order. He said the state must first be able to:

  • Closely monitor and track potential cases of COVID-19,
  • Prevent infection of high-risk people,
  • Increase surge capacity at hospitals,
  • Provide enough personal protective equipment to protect first responders,
  • Develop therapeutics to help treat patients,
  • Ensure physical distance at schools, businesses and child care facilities, and
  • Develop guidelines for when to ask Californians to stay home again if the governor modifies the stay at home order and the virus surges.

Newsom has

Nationwide Implications of CDC and NJ Updated Workplace Requirements

Recent state and federal developments are a reminder that the COVID-19 landscape is continually changing and demonstrate that businesses must remain alert and nimble as they address rapidly evolving mandates from both the federal and state sectors in the COVID-19 environment. Specifically, in the last week: (1) the Centers for Disease Control (“CDC”) issued interim guidance1 for critical infrastructure workers; and (2) an April 8, 2020 the Governor of New Jersey signed a new Executive Order2 expanding the state’s Stay-at-Home restrictions.

Businesses that continue to operate under Stay-at-Home orders can expect evolving requirements intended to keep workplaces safe. The New Jersey order is an example of just one state with recent changes; however, it is not alone. Many states are modifying their orders or issuing new guidance as the nation continues to learn more about COVID-19 and as the business community tries to understand and adjust to the orders. One of the

Recommended Steps for Addressing the Pause Order

Effective March 21, 2020, at 5 pm, Illinois joined six other States in implementing a Stay at Home Order to address the COVID-19 outbreak. The Order states that all businesses that are not Essential Businesses and Operations must cease all activities except for Minimum Basic Operations. This alert provides

Recommendations on immediate steps your business can take to operate under the Order and still protect public health.

  • Determine whether some or all business operations qualify as Essential Businesses and Operations. If so, document the basis for the exemption and make sure that you inform your employees that your business will stay open. See summary of the Essential Business and Operation below.
  • If you do not fall within Essential Businesses and Operations, make sure that your plan to keep your business going is consistent with Minimum Basic Operations: (A) it is limited to necessary activity to maintain inventory, preserve physical condition of facilities and

Bay Area COVID-19 Shelter In Place Orders – Essential Information, and Suggested Next Steps for Impacted Businesses

On March 16, 2020, seven Bay Area counties issued shelter in place orders that run from midnight on March 17th through April 7th, with the possibility that the period will be extended or shortened as the situation develops. This alert provides guidance on movement that is still allowed under the order and recommendations on immediate steps your business can take:

What movement do the orders still allow?

While everyone in the seven counties1 is “ordered to shelter at their place of residence,” people can leave their residences for:

  • Essential Activities – These include shopping for food, medical supplies, and household supplies; seeking medical care; engaging in outdoor activities including walking, hiking, or running; performing work at an Essential Business, or caring for family members or pets in another household.
  • Work performing Essential Government Functions – Each government agency will determine what functions are essential, and identify appropriate employees and
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