After New York and California issued stay at home orders on March 18 and 19, most other U.S. states have followed suit. As the rate of new COVID-19 infections is beginning to flatten in parts of the country, President Donald Trump and governors are beginning to plan for relaxation of these orders and the reopening of business operations. We can expect that business facilities will resume operations gradually: most likely with additional mandatory or voluntary safety measures being implemented. Because COVID-19 could surge again once communities begin to come out of physical isolation, companies should consider procedures for:

1. Monitoring employee health to determine who should stay home.
2. Determining which parts of the workforce can remain working from home initially.
3. Having clear visitor and vendor facility visitation and employee travel protocols.
4. Continuing extra sanitation and social distancing for those returning to work.
5. Training and communicating to employees about what is expected as they return to work.

The White House has published initial “Opening Up America Again” guidelines to help state and local officials plan for and implement reopening of businesses and public life. You can find a summary of that guidance here. 

The governors of Michigan, Indiana, Ohio, Wisconsin, Minnesota, Illinois, and Kentucky have announced they will coordinate reopening throughout their region. 

On the West Coast, California, Oregon, and Washington made a similar announcement. On the East Coast, New York, New Jersey, Connecticut, Pennsylvania, Delaware, Massachusetts, and Rhode Island intend to coordinate their reopening efforts.

We have been tracking state and local orders for our manufacturing and distribution clients across the country, as well as providing tips for what they can do before and after an order is in place. We will add reopening guidance going forward. 

Even before places reopen, most orders allow for certain "essential businesses" to remain in operation, although the details vary greatly. Most orders do not require obtaining any special authority to continue to operate for those businesses that are clearly defined as essential in the order. Otherwise, some orders and corresponding guidance provide a process to request an exemption to the order.

What Companies Can Do Before or Once an Order Is In Place

1. Review the federal Cybersecurity and Infrastructure Security Agency's memorandum, which was initially issued March 19 and then updated March 28. The memorandum identified "Essential Critical Infrastructure Workforce" during COVID-19. It has been informing many orders and will continue to do so, so companies should review it closely. Note: industries and workforces identified by CISA may be more broad than what individual jurisdictions may allow under stay at home orders.

2. Prepare a concise statement that you can use to request confirmation or designation as an essential business prior to or after the issuance of a stay at home order. This statement can also be the foundation of a request for an exemption from such an order or for responding to any enforcement action. Consider including the following:

• Brief description of why it is essential for the business to remain open. Note if you have more than one facility or more than one production line and document how each facility and each line is essential.
   
• Industry and customers served. Definitely reference the CISA memo if applicable.
   
• Procedures and protocols in place to protect those employees still at work (e.g., social distancing, shift staggers, sanitizing, monitoring employee health, sick leave policy, out of work social distancing policy for those still reporting to work, reducing workforce to smallest number possible, deferring non-essential tasks and work, limiting access to the building to only those employees who are supposed to be at work at that time, etc. Note: be sure to internally document these procedures and communications to employees.)
   
• Number of employees needed at the site(s) at any given time and explain if this is reduced to critical only from a normal operations level.
   
• Steps taken to move workers to remote work and how many/what percentage are currently working remotely.
   
• Contact person who can speak for the business and who has authority over the company's workforce.
   
• Avoid including privileged or confidential information, and if provided to government officials, note that it is provided for the limited purpose of documentation that the operation is essential and that it should not be shared except as necessary for that singular purpose.

3. If possible obtain supporting documentation from customers that documents their need for continued delivery of your product.

4. In the event a company may not meet any essential business definition in an order, the company should also develop a plan for protecting its inventory, property, and continuation of essential services (payroll, accounting, supporting a now remote workforce) in a manner that would likely comply with a stay at home order (“Minimum Basic Operations”). Based on a review of existing orders, such a plan should involve social distancing and only the most essential personnel working on-site. Keep a statement regarding such a plan ready if there is a need to respond to any enforcement action.

5. While it is unlikely at this time employees will be stopped on their way to work, employees may have concerns about still going to work. Companies that continue to operate under a stay at home order should communicate to employees why the business is essential and clearly designate those employees who are still working as essential. Also communicate steps being taken to minimize spread of COVID-19 at work.

Tracking & Analysis of Orders

Below is our roundup of orders impacting manufacturing and distribution clients across the country. Everything below is subject to change, and we will be updating this periodically.

ALABAMA
1. Order of the State Health Officer
Date: Issued April 3, 2020, effective April 4 through April 30, 2020

Summary:  Alabama residents should stay home except in limited circumstances. Residents may continue to work where the work does not require regular interaction within six feet of another person or to work at “essential businesses and operations.” Essential businesses and operations include certain manufacturing facilities and those sectors identified in the CISA memo.

CALIFORNIA
1. Executive Order N-33-20
Date: Issued March 19, 2020

Summary: Everyone in California is to stay home except as needed to maintain operation of the 16 "Critical Infrastructure Sectors" from the CISA memo, critical government services, schools, childcare, and construction. 

Details: The executive order simply states that the 16 "Critical Infrastructure Sectors" shall be maintained. The state has guidance on the sectors here as well as FAQs here, including indicators that the state will watch before relaxing the order.

COLORADO
1. Executive Order D 2020 017 and Executive Order D 2020 024
Date: Effective March 26, 2020, extended through April 26, 2020

Summary: Residents shall stay home except in limited circumstances. All businesses must close except those qualified as “Critical Businesses." The list of critical businesses includes a variety of manufacturers, including in the areas of food processing, chemicals, computers, and pharmaceuticals. 

CONNECTICUT
1. Executive Order No. 7H
Date: Issued March 20, 2020, effective until May 20, 2020

Summary: Beginning 8:00 p.m. on March 23, all businesses shall convert to remote work unless an exempt business, which is an essential businesses or entity providing essential goods, services, or functions exempt.

Details: The Department of Economic and Community Development (DECD) has issued guidance as to what businesses are essential. They include "all manufacturing and corresponding supply chains, including aerospace, agriculture, and related support businesses." Requests by businesses to be designated as essential should only be made if they are not covered by the guidance. Those businesses still open must follow the "Safe Workplace Rules for Essential Employers."

DELAWARE
1. State of Emergency Declaration, 4th Modification and 5th Modification
Date: Issued March 22, 2020, effective March 24, 2020

Summary: Residents should stay home unless attending to essential needs. Non-essential businesses should close or move their workforces to remote work. Only essential businesses may remain in operation and physically open.

Details: The 4th Modification for the emergency declaration offers very detailed lists of which businesses are essential and which ones are not. Essential businesses that remain open must follow CDC recommendations, have non-punitive sick leave, and maximize sick leave. The state has written recommendations for daily employee screening upon reporting to work. Violations may result in criminal charges. The 5th Modification allows non-essential businesses to conduct minimum basic operations to protect company inventory and property and facilitate a remote workforce. As of March 24, Delaware doesn’t not appear to have any process for obtaining an essential business designation or request a waiver.

FLORIDA
1. Governor's Executive Order 2020-91
Date: Issued April 1. 2020, effective April 3, 2020

Summary: Residents shall stay home unless engaging in essential activities or to obtain or provide essential services. Essential services include those items covered by the CISA memo and in state guidance here. 

GEORGIA
1. Governor’s Executive Order To Ensure a Safe & Healthy Georgia
Date: Issued April 2, 2020, effective through April 30, 2020

Summary: Georgia residents and visitors shall stay home except in limited circumstances. No business or establishment shall allow more than 10 people to gather at a location if it cannot maintain six feet of social distancing. Does not apply to “Critical Infrastructure." Critical infrastructure is defined as those businesses in the CISA memo. Critical infrastructure must implement measures to mitigate the spread of COVID-19. If a business does not meet the critical infrastructure definition, it may still continue certain minimum basic operations. See FAQs and the Georgia Department of Economic Development for further guidance.

2. Atlanta Mayor’s Executive Order No. 2020-21
Date: Issued March 23, 2020

Summary: The order puts Atlanta under stay at home instructions with exemptions for essential businesses. Businesses that meet that criteria include businesses that supply products needed for people to work from home, businesses that supply other essential businesses with the support or supplies needed to operate, and businesses that ship or deliver groceries, food, goods, or services directly to residents. 

3. Gwinnett County Local Emergency Order 1-4
Date: Effective March 28, 2020

Summary: Residents of Gwinnett County shall stay home except in limited circumstances. Only essential businesses may remain open. Other businesses may conduct minimum basic operations. The county manager may deem additional businesses "essential" other than those listed in the order, if they are essential for the protection of public health, safety, and welfare.

4. DeKalb County Executive Order 20-002
Date: Issued March 27, 2020, effective March 28, 2020

Summary: Residents of DeKalb County should stay home except in limited circumstances. Only essential businesses may remain in operation. The order lists those businesses. The county’s CEO may deem additional businesses "essential" other than those listed in the order, if they are essential for the protection of public health, safety, and welfare.

HAWAII
1. Third Supplementary Proclamation for COVID-19
Date: Issued March 23, 2020, effective March 25, 2020

Summary: Residents shall stay home except in limited circumstances. All businesses must close except those that are essential. The list of essential businesses includes "manufacturing companies, distributors, and supply chain companies producing and supplying essential products and services in and for" a variety of industries. 

ILLINOIS
1. Executive Order No. 2020-10 (8th COVID)
Date: Issued March 20, 2020, extended to April 30, 2020 by Executive Order No. 2020-18

Summary: Only essential business and operations (which are health care, human services, essential government, and essential infrastructure) and minimum basic operations may continue to operate. Essential business and operations are meant to mirror those businesses which are set forth in the CISA memo. 

Details: Essential infrastructure includes food production, utilities, water, distribution centers, ports, and telecommunications systems, all to be construed broadly to avoid impacts to essential infrastructure. Businesses that sell, manufacture, or supply essential businesses may operate. Minimum basic operations include activity to maintain inventory; preserve property, security, and payroll; and support remote workers. Businesses that continue to operate in compliance with the order shall comply with social distancing as defined in the order (six feet of separation, sanitizing, protecting vulnerable populations, etc.)

INDIANA
1. Executive Order 20-08
Date: Issued March 23, 2020

Summary: Residents should stay home unless for limited permitted purposes and all non-essential businesses and operations must cease.

Details: Essential business and operations may continue, including those businesses which supply qualifying companies. Those include the types described in the CISA memo. If a company does not meet the essential business and operations definition in the order, it may maintain minimum basic operations to protect company property and inventory, as well as facilitate remote work. Social distancing and sanitizing shall be observed at all times. Any employees who can do their job remotely must be accommodated. Allow sick employees to stay home. Minimize activities or suspend activities that can wait. As of March 24, there is not any guidance on requesting waivers from the order or confirmation that a business meets the essential business definition. This order is very similar to Ohio's.

KENTUCKY
1. Executive Order 2020-246 and Executive Order 2020-257
Date: Issued March 22, 2020 and March 25, 2020

Summary: These orders close all non-life-sustaining in-person retail establishments. A variety of manufacturing companies, distributors, and supply chain companies are allowed to remain open. 

LOUISIANA
1. Proclamation No. 33 JBE 2020
Date: Issued March 22, 2020, effective March 23, 2020

Summary: This is a general order requiring residents to stay home except for certain permitted activities. It closes certain non-essential businesses to the public. All businesses that remain open must practice social distancing and adhere to a 10-person gathering size limit.

MARYLAND
1. Governor’s Stay Home Order
Date: Effective March 30, 2020

Summary: All Maryland residents shall stay home except for in limited circumstances. Essential businesses as listed in the order and in the CISA memo may remain open.

MASSACHUSETTS
1. Governor’s COVID-19 Order No. 13 and No. 21
Date: Effective March 24, 2020, extended until May 4, 2020

Summary: The governor’s order directs the public to stay home except for limited circumstances, and it closes all “non-essential” businesses. Massachusetts has defined essential businesses that may continue to operate as “COVID-19 Essential Services." These businesses closely track those in the CISA memo.

Details: The order affirmatively states that businesses that are within the COVID-19 Essential Services list need not take any further steps to continue operating and that no special designation or certification will be given. There is no mention of any consideration of waivers. The commissioner of public health shall issue further guidance for implementation. It specifies that civil and criminal penalties for violations may apply.

MICHIGAN
1. Executive Order 2020-21, replaced by Order 2020-42
Date: Issued March 23, 2020, effective March 24, 2020

Summary: Everyone in Michigan should stay home except for meeting basic needs and must practice social distancing while doing so. As of March 22, there is not yet any official guidance on requesting an exception if one’s business is not specifically excepted in the order.

Details: The order references and follows the CISA memo in identifying the critical infrastructure workers. “Minimum business operations” are also permitted to maintain the business property and inventory and to support remote workforce and process necessary transactions (payroll and benefits). Businesses who have a critical infrastructure workforce and continue in-person operations must implement social distancing at work, restrict the in-person workforce to no more than those strictly necessary, have cleaning standards, monitor employee health, and restrict those with symptoms or potential exposure from coming to work.

MISSISSIPPI
1. Governor Executive Order 1466
Date: Issued April 1, 2020, effective April 3 through April 20, 2020

Summary: Residents shall stay home except in limited circumstances, including to work at an essential business. Essential businesses include certain manufacturing facilities and those sectors identified in the CISA memo.

NEW JERSEY
1. Executive Order No. 107
Date: Issued March 21, 2020

Summary: The order closes the majority of retail establishments except for necessities like grocery stores, takeout food, pet stores, medical supplies, etc. Social distancing in public is required. The order also directs people to stay home with some exceptions (getting essentials, going to work, caring for someone, etc.). 

Details: Businesses must accommodate work from home wherever possible. For those at work, companies must minimize the workforce physically present.

NEW MEXICO
1. Public Health Order
Date: Issued March 23, 2020, effective March 24, 2020

Summary: Residents shall stay home except for limited activities, including working at an essential business. The list of essential businesses includes a variety of manufacturers, including in the areas of electrical equipment, components, food processing, and chemicals. 

NEW YORK
1. Executive Order No. 202.6 modified by 202.8
Date: Issued March 18, 2020, updated March 20, 2020

Summary: Work from home is required beginning March 22, except for essential businesses or entities to include essential manufacturing such as food, chemicals, sanitary products, telecommunications, and more.

Details: A company may apply for a designation as an essential business if it is not listed in the executive order by filing a request with the Empire State Development Department. The request requires description of the business function and an argument as to why it should be considered essential, and it must be signed certifying it to be true.

NORTH CAROLINA
1. Governor's Executive Order No. 121, additional retail restrictions in Order No. 131 
Date: Issued March 27, 2020, effective 5:00 p.m. March 30, 2020

Summary: Residents should stay home except for limited activities designated in the order. Non-essential business must cease, and essential businesses and operations are designated in the order. Essential businesses and operations include those covered by the CISA memo.

Details: No certification or special authorization is needed from those businesses clearly permitted under the order. An FAQ sheet is available. For areas where a local order is already in place, the more restrictive of the governor’s order and local order takes precedence. Essential businesses and operations must have employees work from home to the extent possible, maintain social distancing for employees still reporting to work, and regularly clean high-touch surfaces. Businesses not categorized as essential under the order may apply to N.C. Department of Revenue for an essential designation if they believe they should be considered essential. Businesses that must close may continue certain minimum basic operations.

2. Joint Proclamation of Mecklenburg County and Charlotte
Date: Issued March 24, 2020

Summary: Residents of Mecklenburg County must stay home, except for limited activities that include travel within and outside the county for permitted purposes. Non-essential businesses must close, except for minimum basic operations. Any business still open must practice social distancing. The proclamation lists what businesses are essential, which include those involved in the manufacturing, distribution, and supply chain of a wide range of industries. Manufacturers in Mecklenburg County do not need to send any documentation or request to be deemed essential under the proclamation. There is a help line regarding the order: 704-353-1926.

3. Joint Order Gaston County
Date: Issued March 26, 2020, effective 5:00 p.m. March 27, 2020

Summary: Residents of Gaston County shall stay home and non-essential businesses shall cease operations, with certain exceptions. Gaston County references the CISA memo in defining what counts as essential. The county also has a help line for businesses: 704-866-3170.

4. Buncombe County Supplemental Declaration
Date: Effective March 26, 2020

Summary: Residents of Buncombe County shall stay home except for limited activities. Non-essential businesses shall cease operations. Essential businesses, which include certain manufacturers, may continue to operate but must comply with Department of Health guidance. Businesses that are not clearly defined in the declaration as essential may apply for clarification or a waiver by emailing business@buncombecounty.org and provide (1) business name; (2) point of contact, including: (i) name, (ii) email address, (iii) phone number, and (iv) mailing address; (3) nature of their business and why they should be deemed essential; and (4) business website address. 

5. City of Durham Second Amendment to Declaration
Date: Effective March 26, 2020

Summary: All residents of the City of Durham shall stay home except for limited activities. Non-essential businesses shall cease operations. Essential businesses and operations, which include certain manufacturers such as those in the CISA memo, may continue to operate. Essential businesses and operations must meet social distancing and other health related requirements.

6. Wake County Proclamation
Date: Effective 5:00 p.m. March 27, 2020

Summary: Residents shall stay home except in limited circumstances. Businesses except those considered critical and essential must cease in-person operations. The proclamation’s permitted businesses track the CISA memo. The county has further guidance online. Businesses needing clarification may call 919-856-7420.

7. Orange County Declaration
Date: Effective March 27, 2020

Summary: Residents shall stay home except in limited circumstances. Businesses except those considered critical and essential must cease in-person operations. The declaration allows those operations included on the CISA memo to continue to operate.

8. Durham County Stay at Home Order
Date: Effective March 29, 2020

Summary: Residents of Durham County shall stay home except in limited circumstances. The order tracks closely the order from the City of Durham.

9. Haywood County Stay Home Proclamation 
Date: Effective March 26, 2020

Summary: Residents of Haywood County shall stay home except in limited circumstances. Certain essential businesses and operations may continue. The proclamation lists certain manufacturing operations as essential.

10. City of Lexington Proclamation 
Date: Effective March 28, 2020

Summary: The proclamation endorses the stay at home order of the governor. It imposes a daily curfew from 9:00 p.m. to 5:00 a.m.

11. City of Winston-Salem Stay Home Order
Date: Effective March 27, 2020

Summary: Residents shall stay home except in limited circumstances. Essential businesses may remain open, which include a variety of manufacturers and suppliers. 

12. Forsyth County Stay Home Order
Date: Effective March 27, 2020

Summary: The order adopts the City of Winston-Salem's stay at home order. Essential businesses and services may remain open.

13. New Hanover County Stay Home Order
Date: Effective March 30, 2020

Summary: The order incorporates the governor’s order with a few additions, closing certain merchants and public areas.

14. Cabarrus County Stay Home Proclamation
Date: Effective March 31, 2020 through April 29, 2020

Summary: The proclamation is aligned with the governor’s order.

OHIO
1. Director's Stay at Home Order, Amended
Date: Issued March 22, 2020, effective March 24, 2020, amended April 2, 2020

Summary: This order from the director of the Ohio Department of Health requires people to stay home except for limited exceptions. Non-essential business and operations must cease.

Details: Essential businesses and operations may continue, which include those described in the CISA memo. Essential businesses and operations must comply with social distancing. Minimum basic operations are permitted to protect a business’s inventory and property, as well as to support remote work. This order is very similar to Indiana's. 

OREGON
1. Executive Order 20-12
Date: Issued March 23, 2020

Summary: This order specifies that remote work shall be facilitated to the extent possible. Businesses must designate an employee or officer to establish and enforce social distancing where remote work is not possible. Entertainment venues, dine-in establishments, personal (beauty) services, gyms, and certain retail stores are all closed.

PENNSYLVANIA
1. Order of Governor dated March 19, 2020
Date: March 19, 2020, enforcement begins March 21, 2020

Summary: No business may operate unless it is “life sustaining” and follows social distancing or its employees telework.

Details: Many manufacturers are considered life sustaining. Any client operating in Pennsylvania should review the list carefully. There is also a statement that in "extenuating circumstances, special exemptions will be granted to businesses that are supplying or serving health care providers.” There is a form that businesses may submit online requesting a waiver from the order. This form requires (1) a justification, (2) a plan to meet CDC guidelines for employee safety, and (3) the number of employees who would need to be present at work (critical workers).

SOUTH CAROLINA
1. Governor's Executive Order 2020-21
Date: Issued April 6, 2020, effective at 5:00 p.m. April 7, 2020

Summary: Residents shall stay home except for certain essential activities or to work at essential businesses or critical infrastructure operations, which include many manufacturers and distributors. Businesses that need clarification on their status as essential or critical may request clarification from the S.C. Department of Commerce here. Any business remaining open should facilitate social distancing, self-isolation, and telecommuting.

2. City of Charleston Emergency Ordinance on Stay at Home
Date: Issued March 24, 2020, effective March 26, 2020

Summary: The ordinance placed Charleston under a stay at home order with exceptions for businesses providing essential services, which include a variety of manufacturers. Any that remain open must "take all reasonable measures, including limiting the number of individuals in their businesses, to facilitate and ensure social distancing of at least six feet." The city has set up an online review application for those businesses who would like to be considered essential if they do not fall clearly under the definition in the order.

3. City of Columbia Emergency Ordinance 2020-034
Date: Adopted March 26, 2020, effective 12:00 a.m. March 29, 2020

Summary: Residents should stay home except for limited activities. Only essential services may continue to operate. The ordinance lists those services, which include essential infrastructure and manufacturing operations. Those businesses that remain open must implement social distancing.

4. Town of Mt. Pleasant Emergency Proclamation
Date: Effective April 2, 2020

Summary: Residents should stay home except for working at or interacting with essential services, which include various types of manufacturing. There is an online application for consideration to be an essential service business.

TENNESSEE
1. Governor's Executive Order No. 22 and No. 27
Date: Effective April 1, 2020, extended until April 30, 2020

Summary: Residents shall stay home except for limited circumstances. Businesses that do not perform essential services must close to public. The order provides examples of essential businesses, which include a variety of manufacturing, distribution, and supply chain companies. Guidance can be found here. 

TEXAS
1. Governor’s Executive Order GA 14 and 16
Date: Effective April 2, 2020, extended through April 30, 2020

Summary: Residents should minimize social gatherings and minimize contact with people who do not live in their household, except for limited purposes that include to provide (or obtain) essential services. The order's defines essential services, including those defined in the CISA memo. Assistance on essential services designations may be addressed to EssentialServices@tdem.texas.gov and www.tdem.texas.gov/essentialservices.

VERMONT
1. Addendum 6 to Executive Order 01-20 [Stay Home, Stay Safe]
Date: Issued March 24, 2020, effective March 25, 2020

Summary: Residents shall stay home except for limited exceptions. Only certain critical businesses may remain open, including in the areas of "food and animal feed manufacturing, processing and supply, pharmaceuticals, and other manufacturing necessary to support the COVID-19 response as well as economic and national security." Businesses seeking clarification may submit an online form.

WASHINGTON, D.C.
1. Mayor’s Order 2020-053 and 2020-063
Date: Effective March 25, 2020, extended through May 15, 2020

Summary: All non-essential businesses must close through April 24. The list of essential businesses is based on the CISA memo and includes a variety of suppliers and distributors. 

2. Mayor's Order 2020-054
Date: March 30, 2020, effective April 1, 2020

Summary: D.C. residents shall stay home except in limited circumstances. Essential businesses may continue to operate. Reference the previous order for essential business definitions. 

WASHINGTON STATE
1. Stay Home Stay Healthy Proclamation 20-05
Date: Issued March 23, 2020, effective March 25, 2020

Summary: People must stay home except for limited activities. Non-essential businesses must close, except for activities of minimum basic operations to protect inventory and property and facilitate remote work. Essential business and operations may continue, and they are defined in an appendix to the order. A variety of manufacturers qualify. 

WEST VIRGINIA
1. Executive Order No. 9-20
Date: Issued March 23, 2020

Summary: People must stay home except for limited activities. Non-essential businesses must close, except for activities of minimum basic operations to protect inventory and property and facilitate remote work. Essential business and operations may continue.

Details: Essential businesses and operations include those addressed in the CISA memo. Businesses with five or fewer employees and where the public is not invited may continue to operate if maintaining social distancing.

WISCONSIN
1. Emergency Order #12
Date: Issue March 24, 2020, effective March 25, 2020

Summary: People in Wisconsin shall stay at home except for limited activities. Non-essential businesses must cease, except minimum basic operations. Essential businesses and operations that remain open and minimum basic operations must employ social distancing and maximize remote work. The order includes a list of essential businesses and operations and references the CISA memo. Violations are punishable by 30 days imprisonment or fine or both. This state order supersedes any local order in conflict with it. 

For more information, please contact us or your regular Parker Poe contact. You can also find Parker Poe's other COVID-19 alerts here.