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Governor Newsom Implements “Shelter in Place” Order in California – What this Means for Your Business

Late Thursday evening California Governor Gavin Newsom issued Executive Order N-33-20 (the “Order”), which directs all California residents to stay home in light of the developing COVID-19 public health crisis. The Order states that except as necessary to continue the operations of businesses in the 16 “Critical Infrastructure” industries, all residents should leave their residence only as necessary for food or medical needs.

The federal government has identified the 16 Critical Infrastructure sectors as follows:

  1. Chemical
  2. Commercial Facilities
  3. Communications
  4. Critical Manufacturing
  5. Dams
  6. Defense Industrial Base
  7. Emergency Services
  8. Energy
  9. Financial Services
  10. Food and Agriculture
  11.  Government Facilities
  12.  Healthcare and Public Health
  13.  Information Technology
  14.  Nuclear Reactors, Materials, and Waste
  15.  Transportation
  16.  Water and Wastewater Systems

On Friday, the Governor’s office issued additional guidance on which workers fall under the exempt categories, which is available here. Additional assistance in identifying whether your industry falls into one of the 16 Critical Infrastructure sectors is available here. Note, the Governor’s office explicitly stated that the Executive Order overrides less strict county and local rules. An FAQ guide is available here.

We will provide further updates as they become available.

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Paul M. Huston is an attorney in Mintz's employment labor and benefits practice group, where he litigates employment and general commercial issues. Paul has experience handling single plaintiff and class action lawsuits, covering issues from wrongful termination to disability discrimination.