Dorsey is compiling the emergency orders limiting business activity in response to COVID-19. We will make every effort to keep this list updated. This is not legal advice, but contains general information not applicable to specific matters. We are not acting as your legal counsel unless separately retained in a written agreement signed by us.
California
Executive Order N-33-20
Possible Construction Exemption:
- Except as needed to maintain continuity of operations of the federal critical infrastructure sectors, as outlined at https://www.cisa.gov/identifying-critical-infrastructure-during-covid-19
- Also, guidance on the state website describes the order as follows: “It covers the whole state of California, and it exempts activity as needed to maintain continuity of operation of the federal critical infrastructure sectors, critical government services, schools, childcare, and construction, including housing construction.”
Connecticut
Executive Order No. 7H
Business Exemptions
Construction Exemption:
9. Construction including:
• all skilled trades such as electricians, HVAC, and plumbers
• general construction, both commercial and residential
• other related construction firms and professionals for essential infrastructure or for emergency repair and safety purposes
• planning, engineering, design, bridge inspection, and other construction support activities
Delaware
Fourth Modification of Declaration of State of Emergency
Delaware List of Essential and Non-Essential Businesses
Construction Exemption:
o. CONSTRUCTION:
1. Workers who are engaged in the construction of residential, nonresidential structures, or infrastructure, and any workers who provide critical maintenance to residential or non-residential structures.
2. Businesses that supply materials and hardware to those engaged in the construction of residential or non-residential structures.
3. Workers involved in activities related to the design and apportionment of residential and non-residential structures.
Florida
Broward County
Emergency Order 20-01
Construction Exemption:
cc. Open construction sites, irrespective of the type of building
Miami-Dade County
Emergency Order 07-20
Construction Exemption:
cc. Open construction sites, irrespective of the type of building
Illinois
COVID-19 Executive Order No. 8
Construction Exemption:
9. Essential Infrastructure. For purposes of this Executive Order, individuals may leave their residence to provide any services or perform any work necessary to offer, provision, operate, maintain and repair Essential Infrastructure.
Essential Infrastructure includes, but is not limited to: food production, distribution, and sale; construction (including, but not limited to, construction required in response to this public health emergency, hospital construction, construction of long-term care facilities, public works construction, and housing construction); building management and maintenance; airport operations; operation and maintenance of utilities, including water, sewer, and gas; electrical (including power generation, distribution, and production of raw materials); distribution centers; oil and biofuel refining; roads, highways, railroads, and public transportation; ports; cybersecurity operations; flood control; solid waste and recycling collection and removal; and internet, video, and telecommunications systems (including the provision of essential global, national, and local infrastructure for computing services, business infrastructure, communications, and web-based services).
Essential Infrastructure shall be construed broadly to avoid any impacts to essential infrastructure, broadly defined.
Indiana
Executive Order 20-08
Construction Exemption:
11. Essential Infrastructure
For purposes of this Executive Order, individuals may leave their homes and residences in order to provide any services or to perform any work necessary to offer, provision, operate, maintain, and repair Essential Infrastructure.
The phrase "Essential Infrastructure" includes, but is not limited to, the following: food production, distribution, fulfillment centers, storage facilities, marinas, and sale; construction (including, but not limited to, construction required in response to this public health emergency, hospital construction, construction of long-term care facilities, public works construction, school construction, essential business construction, and housing construction); building management and maintenance; airport operations; operation and maintenance of utilities, including, for example, water, sewer, and gas; electrical (including power generation, distribution, and production of raw materials); distribution centers; oil and biofuel refining; roads, highways, railroads, and public transportation; ports; cybersecurity operations; flood control; solid waste and recycling collection and removal; and internet, video, and telecommunications systems (including the provision of essential global, national, and local infrastructure for computing services, business infrastructure, communications, and web-based services).
Further, the phrase "Essential Infrastructure" shall be construed broadly in order to avoid any impacts to essential infrastructure, broadly defined.
Louisiana
Executive Department Proclamation Number 33 JBE 2020
Possible Construction Exemption:
Guidance provided by the U.S. Department of Homeland Security, Cybersecurity & Infrastructure Security Agency (CISA) on what workers are essential is outlined at https://www.cisa.gov/identifying-critical-infrastructure-during-covid-19
Maryland
Order Number 20-03-23-01
Interpretive Guidance related to Order Number 20-03-23-01
Construction Exemption:
2(b)(vi) Commercial and residential construction companies.
Massachusetts
COVID-19 Order No. 13
Exhibit A: COVID-19 Essential Services
Construction Exemption:
- Construction Workers who support the construction, operation, inspection, and maintenance of construction sites and construction projects (including housing construction)
Michigan
Executive Order No. 2020-21
New Jersey
Executive Order No. 107
No restrictions on non-retail businesses.
New York
Executive Order No. 202.6
Guidance for Determining Whether Business is Subject to Workforce Reduction.
Construction Exemption:
9. Construction including
- skilled trades such as electricians, plumbers
- other related construction firms and professionals for essential infrastructure or for emergency repair and safety purposes
Ohio
Director’s Stay At Home Order
Construction Exemption:
9. Essential Infrastructure. For purposes of this, individuals may leave their residence to provide any services or perform any work necessary to offer, provision, operate, maintain and repair Essential Infrastructure.
Essential Infrastructure includes, but is not limited to: food production, distribution, fulfillment centers, storage facilities, marinas, and sale; construction (including, but not limited to, construction required in response to this public health emergency, hospital construction, construction of long-term care facilities, public works construction, school construction, essential business construction, and housing construction); building management and maintenance; airport operations; operation and maintenance of utilities, including water, sewer, and gas; electrical (including power generation, distribution, and production of raw materials); distribution centers; oil and biofuel refining; roads, highways, railroads, and public transportation; ports; cybersecurity operations; flood control; solid waste and recycling collection and removal; and internet, video, and telecommunications systems (including the provision of essential global, national, and local infrastructure for computing services, business infrastructure, communications, and web-based services).
Essential Infrastructure shall be construed broadly to avoid any impacts to essential infrastructure, broadly defined.
Pennsylvania
Order of the Governor Closing all Businesses that are not Life Sustaining
List of Life Sustaining Businesses
Construction Exemption:
Emergency repairs and construction of health care facilities.
