Governor Wolf Issues First Yellow Phase Order
On May 7, 2020, Governor Wolf issued an Amendment to the Closure of All Businesses that are Not Life Sustaining Order (hereinafter “Closure Order”) issued on March 19, 2020. The Amendment allows some businesses in some locations to commence in-person operations. This Order became effective May 8, 2020.
COUNTIES AFFECTED
This Amendment applies to the following counties that are deemed to be in the Yellow Phase:
Bradford County
Cameron County
Centre County
Clarion County
Clearfield County
Clinton County
Crawford County
Elk County
Erie County
Forest County
Jefferson County
Lawrence County
Lycoming County
McKean County
Mercer County
Montour County
Northumberland County
Potter County
Sullivan County
Tioga County
Union County
Venango County
Warren County
BUSINESSES NOT ALLOWED TO COMMENCE IN-PERSON OPERATIONS
The Order is not a “green-light” to open up business as usual. Even in the Yellow Phase, the following businesses must remain closed: (1) indoor recreation, (2) health and wellness, and (3) personal care industries are not permitted to commence in-person business and must remain closed. The Order provides examples of businesses that must remain closed: gyms, spas, hair salons, nail salons, massage therapists, entertainment, casinos, theaters, “and such businesses.”
BUSINESSES ALLOWED TO COMMENCE IN-PERSON OPERATIONS
The businesses allowed to to commence in-person operations are allowed to do so, only if the business is not conducive to working remotely. The Order reads as follows:
Businesses that have not been able to conduct in-person operations in whole or in part under my [Closure Order]…because the functions of such businesses are not conducive to working remotely are authorized to commence such in-person operations…
The Order is more explicit where it reads:
All businesses operating in the counties listed [above]…and which had been conducting their operations in whole or in part remotely through individual teleworking of their employees under [the Closure Order], may continue to conduct such operations remotely through individual teleworking of employees and may not commence in-person business operations for those employees or business functions.
It follows that if your business was operating remotely during the initial Closure of businesses, then your business must continue to conduct business remotely. As the Governor explained in his May 4, 2020 Guidance, “businesses that have been operating remotely through individual telwork of their employees must continue to telework to prevent the spreading of COVID-19 until the stay at home and business closure orders are fully lifted.”
CONSIDERATIONS
Remote Work Policies
Businesses in the Yellow Phase who have been operating remotely might want to consider amending their handbooks to include a Remote Work Policy. Such policies are a wonderful tool to establish some structure that some employees might need during a times that tends to have no form at all. Even more, and perhaps most importantly, such policies allow employers to set standards and expectations that can be used as a foundation for discipline and performance evaluation.
In-Person Business
For the businesses who will be conducting in-person business, they must adhere to the Orders (Issued April 5, 2020 and April 15, 2020) issued from the Secretary of Health that outline the requirements for companies who are conducting business. (See previous blog post on these orders.)
Moreover, companies in certain industries are required to comply with the terms of the Guidances issued by the state:
It is crucial that businesses review these guidances and understand their duties and obligations when in-person business resumes.