Can My "Non-Life-Sustaining" Business Receive a Waiver or Exemption from the Closure Order?

As we wrote on Thursday evening, Pennsylvania Governor Tom Wolf ordered all “non-life-sustaining businesses” in the Commonwealth to close their physical operations “until further notice.”  Since then, we have heard from a number of employers who have been classified as “non-life-sustaining” to see if there is any to obtain a waiver or exemption from the Governor’s closure order. 

Some news outlets have reported that “non-life-sustaining” businesses can seek a waiver or exemption to the closure order by contacting the state Department of Community and Economic Development (“DCED”) at RA-dcexemption@pa.gov.  A press release from the DCED mentions that “in extenuating circumstances, special exemptions will be granted to businesses supplying or servicing health care providers.”  The DCED, however, does not indicate if such businesses are the only ones that can potentially be exempt or, alternatively, what criteria must be met to receive a waiver or exemption. 

We have contacted DCED seeking answers to these and other questions, including whether a “non-life-sustaining” business that has applied for a waiver before enforcement begins at 12:01 a.m. on March 21 can continue operating until a decision has been made by DCED.  We will update you as soon as we receive an answer.  Please be sure to subscribe to our blog and follow us on social media so that you can receive our timely updates and analysis on the COVID-19-related developments that affect your workplace. 

For questions about this or any other labor and employment law matter, please do not hesitate to contact the attorneys at Hoffman & Hlavac.  Although our physical office is closed, we will continue to operate remotely for the benefit of our clients.  We will continue to receive, monitor, and respond to e-mails and phone calls.