Updates to Governor's Closure Order and Waiver Process
On Friday, March 20, Governor Wolf announced several significant updates to his order closing the physical operations of all “non-life-sustaining” businesses in the state. As we wrote on Thursday, this order would not prevent “non-life-sustaining” businesses from continuing their virtual or teleworking operations, such as working from home. Although enforcement of the order was set to begin at 12:01 a.m. on Saturday, March 21, the Governor has announced that enforcement will not begin until 8:00 a.m. on Monday, March 23. The Governor has also issued an updated list that classifies businesses by industry as “life-sustaining” or “non-life-sustaining", which can be found here. In addition, the Governor has issued a Frequently Asked Questions regarding the closure order.
As we wrote earlier on Friday, Businesses that have been classified as “non-life-sustaining” can apply to the state Department of Community and Economic Development (“DCED”) for an exemption or waiver to keep their physical operations open. The application form, which must be submitted online, can be found here. It requires a business seeking an exemption or waiver to explain:
How many individuals it employs;
How it meets the definition of “life-sustaining”;
Its plans to meet CDC-recommended guidelines to maintain employee safety during the COVID-19 pandemic; and
How many employees would be in its office or physical location to do the critical work.
According to the Governor’s Office, “DCED will review each request and respond based on the guiding principle of balancing public safety while ensuring the continued delivery of critical infrastructure services and functions.” Businesses that have been classified as “non-life-sustaining” are not allowed to continue in-person physical operation until they have received a waiver. There is no indication as to how long it will take to receive a decision from DCED.
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. 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.