In response to the COVID-19 pandemic, governors of 49 states have issued executive orders restricting operations or closing categories of businesses and/or requiring residents to shelter-in-place. These orders vary significantly, yet often subtly, in their scope and impact. They are also frequently amended, relaxing certain requirements while strengthening others—sometimes in response to legal challenges. Local orders, which have been issued in many major cities and counties, add a further layer of complexity, particularly as local agencies are often charged with the enforcement of all applicable orders.
Particularly for companies doing business or with operations in more than one state, it is important to understand these orders—and how they are being enforced—both individually and collectively.
WilmerHale has closely tracked developments in state orders, with teams monitoring developments in every state in the country. This alert focuses on issues these orders present that employers should be aware of, as well as the trends that we have discerned from our state-by-state monitoring.