On March 23, Arizona Governor Doug Ducey issued an executive order that broadly defines “essential services” in Arizona and precludes local governments from closing essential businesses. The order is designed to ensure a consistent policy across the state that protects the ongoing operation of essential services. Click here to read our full advisory about the executive order.

As local governments begin instituting shut-down and stay-at-home orders, Arizona businesses and employers should review the executive order to determine whether they qualify as essential services providers. Because the executive order lists categories of essential services and non-exhaustive examples within those categories, businesses may still qualify as essential services providers even if they are not specifically listed. If the business has operations that fall within a listed category of essential services or that are similar to a listed example, it is more likely the business could qualify as essential. In cases that are unclear, businesses should contact the Governor’s office (engage@az.gov or 602.542.4331). Remember that bars, gyms, and movie theaters must close in Arizona counties that have confirmed cases of COVID-19, and restaurants in those counties may not serve food for onsite consumption.

Even for essential services providers, businesses should implement a social distancing policy and promote teleworking options to the greatest extent possible.