When It Comes to Reopening Throughout the Country, One Size Doesn’t Fit All

Companies operating in multiple jurisdictions throughout the country, or even different locations within a single state, are required to navigate an ever-changing patchwork of federal, state and local laws and regulations governing business reopenings and coronavirus-related issues, such as paid sick leave requirements.

Layered on top of federal regulations are varying state and local guidelines, which are frequently updated. For instance, in Colorado, there are differing requirements issued by the governor, the mayor of Denver, various counties and public health officials, most of which have been modified numerous times. Colorado’s Executive Order contains numerous provisions that create additional worker rights and employer requirements, such as an obligation to accommodate vulnerable individuals (as defined) and employees who live with vulnerable individuals. Likewise, many other jurisdictions, including California, Nevada, Texas, Illinois and New York, have regularly updated state, county and city orders, with varying (and sometimes inconsistent) requirements that employers must wade through to determine if, when and how they can reopen. These may pertain to employee and patron social distancing, temperature and wellness check obligations, postings, personal protective equipment, accommodation considerations and reporting obligations, among other things, and range from general recommendations to very specific and legally enforceable requirements. Most such orders impose civil and/or criminal penalties for violation.

The bottom line is that businesses must take these differing and ever-changing requirements into account, and reopening plans must be tailored to the particular jurisdiction in which each facility—and the employees—is located.