UPDATE: Massachusetts Essential Services

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On March 31, 2020, Governor Baker issued COVID-19 Order No. 21, Order Extending the Closing of Certain Workplaces and the Prohibition on Gatherings of More Than 10 People. This Order extends the closure of non-essential services’ physical locations until May 4, 2020. The Baker Administration’s press release concerning the Order specifically encourages non-essential businesses to continue remote operations that do not require workers, customers, or the public to enter or appear at physical locations closed by the Order.

Additionally, on March 31, 2020, the Baker Administration updated the list of “COVID-19: Essential Services,” clarifying and expanding upon the original list of essential services issued on March 23, 2020, as discussed in our original March 24, 2020 article. Specifically, the updated list seeks to clarify services around the supply chain that supports other essential services, adds healthcare providers, including chiropractors and optometrists, and expands the types of workers providing disinfectant and sanitation services.

The updated list outlines the 18 sectors of essential services, including:

  1. Healthcare/Public Health/Human Services;
  2. Law Enforcement, Public Safety, First Responders;
  3. Food and Agriculture;
  4. Energy;
  5. Waste and Wastewater;
  6. Transportation and Logistics;
  7. Public Works & Infrastructure Support Services;
  8. Communications and Information Technology;
  9. Other Community, Education, or Government-Based Operations and Essential Functions;
  10. Critical Manufacturing;
  11. Hazardous Materials;
  12. Financial Services;
  13. Chemical;
  14. Defense Industrial Base;
  15. Commercial Facilities;
  16. Residential/Shelter Facilities and Services;
  17. Hygiene Products and Services; and
  18. Construction-Related Activities.

The updated list goes into effect on April 1, 2020 at 12 p.m. Businesses must review this updated list to determine whether their business falls under any of the above categories of essential services. 

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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