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
  

We are posting a series of answers to Frequently Asked Questions and practical advice to consider in the era of COVID-19. These posts are not intended to cover all employee issues or healthcare settings recommendations, but rather are focused on dealing with premises liability involving invitees. Other resources for handling employees include: https://www.osha.gov/SLTC/covid-19/l; https://www.osha.gov/SLTC/covid-19/; https://www.cdc.gov/coronavirus/2019-ncov/community/organizations/cleaning-disinfection.html. Please review other posts related to COVID-19 published on this blog for additional information. If you have questions specific to your company’s individualized situation, contact Susan Brice (susan.brice@bclplaw.com) or Tom Lee (tom.lee@bclplaw.com). For any employment related questions, please contact the BCLP employment lawyer with whom you work or Lily Kurland (lily.kurland@bclplaw.com), who can provide you with information about guidelines and protocols they have developed to assist employers with these issues.

Six Steps You Can Take to Mitigate Risks and Liability:

1. Follow the Guidelines: Follow CDC

We are posting a series of answers to Frequently Asked Questions and practical advice to consider in the era of COVID-19. These posts are not intended to cover all employee issues or healthcare settings recommendations, but rather are focused on dealing with premises liability involving invitees. Other resources for handling employees include: https://www.osha.gov/SLTC/covid-19/l; https://www.osha.gov/SLTC/covid-19/; https://www.cdc.gov/coronavirus/2019-ncov/community/organizations/cleaning-disinfection.html. Please review other posts related to COVID-19 published on this blog for additional information. If you have questions specific to your company’s individualized situation, contact Susan Brice (susan.brice@bclplaw.com) or Tom Lee (tom.lee@bclplaw.com). For any employment related questions, please contact the BCLP employment lawyer with whom you work or Lily Kurland (lily.kurland@bclplaw.com), who can provide you with information about guidelines and protocols they have developed to assist employers with these issues.

What Are the Primary Premises Liability Risks Posed by COVID-19?

Outside of cruise lines, we have yet to

We are posting a series of answers to Frequently Asked Questions and practical advice to consider in the era of COVID-19. These posts are not intended to cover all employee issues or healthcare settings recommendations, but rather are focused on dealing with premises liability involving invitees. Other resources for handling employees include: https://www.osha.gov/SLTC/covid-19/l; https://www.osha.gov/SLTC/covid-19/; https://www.cdc.gov/coronavirus/2019-ncov/community/organizations/cleaning-disinfection.html. Please review other posts related to COVID-19 published on this blog for additional information. If you have questions specific to your company’s individualized situation, contact Susan Brice (susan.brice@bclplaw.com) or Tom Lee (tom.lee@bclplaw.com). For any employment related questions, please contact the BCLP employment lawyer with whom you work or Lily Kurland (lily.kurland@bclplaw.com), who can provide you with information about guidelines and protocols they have developed to assist employers with these issues.

What Do I Do if a Person Suspected or Confirmed to Have COVID-19 Has Been at My Facility?

If

We are posting a series of answers to Frequently Asked Questions and practical advice to consider in the era of COVID-19. These posts are not intended to cover all employee issues or healthcare settings recommendations, but rather are focused on dealing with premises liability involving invitees. Other resources for handling employees include: https://www.osha.gov/SLTC/covid-19/l; https://www.osha.gov/SLTC/covid-19/; https://www.cdc.gov/coronavirus/2019-ncov/community/organizations/cleaning-disinfection.html. Please review other posts related to COVID-19 published on this blog for additional information. If you have questions specific to your company’s individualized situation, contact Susan Brice (susan.brice@bclplaw.com) or Tom Lee (tom.lee@bclplaw.com). For any employment related questions, please contact the BCLP employment lawyer with whom you work or Lily Kurland (lily.kurland@bclplaw.com), who can provide you with information about guidelines and protocols they have developed to assist employers with these issues.

What Steps Should I take at My Premises to Prevent the Spread of COVID-19?

The CDC has set forth practices for businesses

COVID-19, a novel coronavirus, is disrupting world economies, day-to-day business operations, and even everyday life.  We are watching these developments closely and are analyzing the legal implications involving various sectors, including employers, manufacturers, retailers and property owners/operators.  Among other issues, we are specifically focusing on what, if any, legal duties might exist with respect to warnings as well as developments surrounding any standard of care.  Those issues have been litigated in the context of prior contagion events (e.g. Zika and Legionnaire’s disease), and may become the focus of new cases related to COVID-19.

In the meantime, litigation involving this outbreak has already begun.  A case alleging false and deceptive advertising as well as misrepresentation with regard to a product’s ability to fight the virus has been filed.  Additionally, cruise ship passengers have filed a lawsuit regarding how a ship handled its response to the virus.

If you have any questions