Update: Bay Area Counties Tighten Orders Regarding Sheltering in Place

Wilson Sonsini Goodrich & Rosati

On March 31, 2020, six counties in the San Francisco Bay Area, as well as the City of Berkeley, extended and tightened their March 16, 2020 orders for all individuals living in those locations to shelter in place to slow the spread of COVID-19 (the Revised Orders). Links to all of the Revised Orders are below, along with some practical advice related to them.

  • The Revised Orders go into effect as of 11:59 p.m. on March 31, 2020, supersede the prior shelter orders, and stay in effect through May 3, 2020, subject to further change.
  • The Revised Orders state that the COVID-19 public health crisis in each county with a Revised Order, the region, and the nation has worsened significantly over the past two weeks. The purpose of the Revised Orders is to enact more and stricter social distancing, and to extend the period of social distancing, to slow the rate of spread of COVID-19, prevent deaths, and stop the health care system from becoming overwhelmed.
  • The Revised Orders strongly urge individuals to stay in their residences to the extent possible, and further limit the definition of "Essential Activities" for all persons in the applicable county.
  • The definition of "Essential Business" is largely the same with some broadening (e.g., makes clear that internet is part of essential infrastructure) and some limiting (e.g., only specified construction activities are permitted).
  • Even Essential Businesses must now maximize the number of employees who work from home, and may only assign those employees who cannot perform their job duties from home to work outside the home.
  • Essential Businesses with nonessential components must scale down their operations to the Essential Business components only.
  • The Revised Orders implement more stringent social distancing requirements and require all Essential Businesses to comply with new, more stringent social distancing requirements, as well as to prepare and post a "Social Distancing Protocol" for each of their facilities frequented by the public or employees no later than 11:59 p.m. on April 2, 2020. The Social Distancing Protocol must be substantially in the form of Appendix A.
  • Under the Revised Orders, even non-Essential Businesses may continue to perform minimal basic operations.
  • Essential Businesses must strongly encourage employees who are sick and otherwise at "high-risk of severe illness from COVID-19" to stay at home.
  • The Revised Orders acknowledge the California State order to stay-at-home (which remains in place "until further notice"), and states: "Where a conflict exists between this Order and any state public health order related to the COVID-19 pandemic, the most restrictive provision controls."
  • Revised Orders:

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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