Pennsylvania Governor Orders All "Non-Life-Sustaining" Businesses Closed

Late in the afternoon of Thursday, March 19, Pennsylvania Governor Tom Wolf ordered all “non-life-sustaining businesses” in the Commonwealth to close their physical operations.  The governor’s order states that this prohibition does not apply to virtual or telework operations (i.e., working from home) of “non-life-sustaining businesses,” so long as social distancing and “other mitigation measures” are followed in such operations.  “Life-sustaining businesses,” by contrast, are allowed to remain open, but at a minimum, must follow the social distancing practices and other mitigation measures defined by the Center for Disease Control and Prevention (“CDC”) to protect workers and patrons. 

The governor’s order indicated that enforcement actions will be taken against non-compliant “non-life-sustaining” businesses as of 12:01 a.m. on Saturday, March 21 and against non-compliant restaurants and bars as of 8:00 p.m. on Thursday, March 19.  The governor has indicated that he has directed the Pennsylvania State Police, various state agencies, and local officials to enforce the closure order “to the fullest extent of the law” and that penalties for non-compliance could include citations, fines, or license suspensions.

The governor’s order, which remains in effect “until further notice,” will impact many businesses throughout the Commonwealth.  The full text of the governor’s order can be found here and a list of “life-sustaining” and “non-life-sustaining” businesses by industry can be found here.

Although our physical office will be closing, we will continue to operate remotely for the benefit of all our clients. To this end, we will continue to receive, monitor, and respond to all phone calls and e-mails. As this situation progresses, we will continue to keep employers and human resources professionals updated on all key developments related to COVID-19 and its impact on the workplace.  Please be sure to subscribe to our blog and follow us on social media so that you can receive timely updates and analysis on the issues that affect your workplace, such as the Families First Coronavirus Response Act.  For questions about this or any other labor and employment law matter, please do not hesitate to contact the attorneys at Hoffman & Hlavac.