
There is a fair amount of confusion among California businesses regarding Governor Newsom’s “stay home” order and which facilities should remain open. Unfortunately, Executive Order N-33-20 does not provide much guidance. It does, however, refer to the list of federal government's critical infrastructure sectors posted by the Department of Homeland Security and except those individuals “needed to maintain the continuity of operations” of those sectors. In addition, the state’s website clarifies that critical government services, schools, childcare, and construction, including housing construction, should continue.
More recently, the Newsom administration posted a 14-page report that provides a more detailed explanation on which businesses and workers are considered essential to a critical sector and exempt from the stay home order. The report also provides additional guidance on personal activities that are permitted.
Those businesses or workers still unsure of their “stay home” status should dig a little deeper. The Department of Homeland Security’s list of critical infrastructure sectors includes a link to a sector-specific plan for each sector that sheds further light on which businesses are included. For example, the Financial Services Sector plan includes a lengthy discussion of the service providers essential for this critical sector. The plan makes clear that the Financial Services Sector includes a wide variety of businesses and workers that might not otherwise as be considered as exempt for the stay home requirements.
There has also been some confusion over the fact that Executive Order N-33-20 seems to conflict with some city or county orders that may be more or less restrictive. In response, state health officials have issued this statement: “This is a statewide order. Depending on the conditions in their area, local officials may enforce stricter public health orders. But they may not loosen the state’s order.” Thus, when it comes to COVID-19, the more restrictive order will apply.
This blog is presented under protest by the law firm of Ervin Cohen & Jessup LLP. It is essentially the random thoughts and opinions of someone who lives in the trenches of the war that often is employment law–he/she may well be a little shell-shocked. So if you are thinking “woohoo, I just landed some free legal advice that will fix all my problems!”, think again. This is commentary, people, a sketchy overview of some current legal issue with a dose of humor, but commentary nonetheless; as if Dennis Miller were a lawyer…and still mildly amusing. No legal advice here; you would have to pay real US currency for that (unless you are my mom, and even then there are limits). But feel free to contact us with your questions and comments—who knows, we might even answer you. And if you want to spread this stuff around, feel free to do so, but please keep it in its present form (‘cause you can’t mess with this kind of poetry). Big news: Copyright 2020. All rights reserved; yep, all of them.
If you have any questions about this article, contact the writer directly, assuming he or she was brave enough to attach their name to it. If you have any questions regarding this blog or your life in general, contact Kelly O. Scott, Esq., commander in chief of this blog and Head Honcho (official legal title) of ECJ’s Employment Law Department.
- Partner
Kelly Scott is a partner and head of the firm’s Employment Law Department.
Mr. Scott is also a member of the Litigation Department and has practiced law since 1987. His areas of practice include representation of employers in all ...
Subscribe
Recent Posts
- FDA Announces 2024 Compliance Date for 2021-2022 Food Labeling Regulations
- Consolidated Appropriations Act: Additional Paycheck Protection Program Loans
- Employer Reminder: Minimum Wage Increases for 2021
- LA County Considers Mandated $5/Hour “Hero Pay” Increase For Grocery Workers
- Los Angeles County Issues Mandatory Self-Quarantine for Non-Essential Travel
- New Dietary Guidelines "Make Every Bite Count"
- Southern California Regional Stay at Home Order Extended
- Sources of Foodborne Illness Report Released
- New Lawsuits Challenge State COVID-19 Measures
- FDA, EPA and USDA Renew Inter-Agency Food Waste Reduction Initiative
Blogs
Contributors
Archives
- January 2021
- December 2020
- November 2020
- October 2020
- September 2020
- August 2020
- July 2020
- June 2020
- May 2020
- April 2020
- March 2020
- February 2020
- January 2020
- December 2019
- November 2019
- October 2019
- September 2019
- August 2019
- July 2019
- June 2019
- May 2019
- March 2019
- February 2019
- January 2019
- November 2018
- October 2018
- September 2018
- August 2018
- July 2018
- June 2018
- May 2018
- April 2018
- February 2018
- January 2018
- December 2017
- November 2017
- October 2017
- September 2017
- August 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- October 2016
- September 2016
- August 2016
- July 2016
- June 2016
- May 2016
- April 2016
- January 2016
- December 2015
- November 2015
- October 2015
- September 2015
- August 2015
- July 2015
- June 2015
- May 2015
- April 2015
- March 2015
- February 2015
- January 2015
- December 2014
- November 2014
- October 2014
- September 2014
- August 2014
- July 2014
- June 2014
- May 2014
- April 2014
- March 2014
- February 2014
- January 2014