On Friday, March 20, Governor Lamont issued an executive order requiring non-essential workers to stay home.  All workplaces have been ordered to utilize telecommuting, where possible.  Executive Order 7H represents the most drastic step yet in Connecticut’s battle against COVID-19, and followed mere hours after Governor Cuomo announced similar measures in New York.  The order is effective as of Monday, March 23 at 8pm, and runs through April 22 – a date likely to be extended.

What workers are “essential” in the battle against COVID-19?  While the Department of Economic and Community Development is set to release a legally binding list by Sunday at 8pm, the order provides provisional guidance as follows:

  • essential health care operations including hospitals, clinics, dentists, pharmacies, elder care and home health care workers,
  • companies and institutions involved in the research and development, manufacture, distribution, warehousing, and supplying of pharmaceuticals, biotechnology therapies, health care data, consumer health products, medical devices, diagnostics, equipment, services and any other healthcare related supplies or services;
  • essential infrastructure, including utilities, wastewater and drinking water, telecommunications, airports and transportation infrastructure;
  • manufacturing, including food processing, pharmaceuticals, and industries supporting the essential services required to meet national security commitments to the federal government and U.S. Military;
  • the defense industrial base, including aerospace, mechanical and software engineers, manufacturing/production workers, aircraft and weapon system mechanics and maintainers;
  • essential retail, including grocery stores and big-box stores or wholesale clubs, provided they also sell groceries;
  • pharmacies, gas stations and convenience stores; food and beverage retailers (including liquor/package stores and manufacturer permittees) and restaurants, provided they comply with previous and future executive orders issued during the existing declared public health and civil preparedness emergency;
  • essential services including trash and recycling collection, hauling, and processing, mail and shipping services;
  • news media;
  • legal and accounting services;
  • banks, insurance companies, check cashing services, and other financial institutions;
  • providers of basic necessities to economically disadvantaged populations;
  • construction;
  • vendors of essential services and goods necessary to maintain the safety, sanitation and essential operations of residences or other essential businesses, including pest control and landscaping services;
  • vendors that provide essential services or products, including logistics and technology support, child care and services needed to ensure the continuing operation of government agencies and the provision of goods, services or functions necessary for the health, safety and welfare of the public.

Other businesses may apply to the Department of Economic and Community Development for “essential” status.

Finally, the order forbids local officials from issuing any “shelter in place” or other travel restriction order without written approval from the Department of Emergency Services and Public Protection.  That provision may seek to preempt a situation similar to New York’s public back and forth between Governor Cuomo and New York City Mayor Bill de Blasio.

Murtha attorneys are available to discuss the “essential” nature of your business under this most recent executive order.  Whether you are working from home or the office, we encourage you to follow official guidance, and stay safe.

 

 

 

Tags: Connecticut, Coronavirus, COVID-19, Department of Economic and Community Development, Department of Emergency Services and Public Protection, essential businsses, essential workers
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Photo of Patricia E. Reilly Patricia E. Reilly

Patricia E. Reilly, a partner at Murtha Cullina, serves as chair of  the firm’s Labor & Employment practice and co-chair of the Education practice.

She litigates employment, wage and hour, and restrictive covenant cases in state and federal courts. She also appears before…

Patricia E. Reilly, a partner at Murtha Cullina, serves as chair of  the firm’s Labor & Employment practice and co-chair of the Education practice.

She litigates employment, wage and hour, and restrictive covenant cases in state and federal courts. She also appears before the Connecticut Commission on Human Rights and Opportunities, the EEOC, the Connecticut Department of Labor, and the U.S. Department of Labor. Whether resolving a matter pre-litigation or litigating a case to trial, Tricia uses her first-rate strategic litigation skills to advocate for her clients’ interests. She works closely with her clients to ensure that the litigation is executed with the highest degree of skill and professionalism.

In addition to maintaining a thriving litigation practice, Tricia advises clients on a wide range of employment law matters, including sexual harassment and discrimination avoidance; disability and pregnancy accommodation; FMLA; wage and hour compliance; and trade secrets and restrictive covenants. She also provides training and presents on labor and employment issues, particularly sexual harassment prevention.  Tricia represents clients in a wide range of industries and sectors, including education (colleges, universities and independent schools), health care, financial services, retail, food and beverage, transportation services, energy, and manufacturing.

Tricia is listed as a leading Labor and Employment Lawyer in Chambers USA. In addition, she is listed in Best Lawyers in America®. In 2017 and 2020, Best Lawyers in America® recognized her as “Lawyer of the Year” for New Haven, Litigation – Labor and Employment, and in 2020 Best Lawyers also recognized her as “Lawyer of the Year” for New Haven Employment Law – Management.  In 2019 and 2020, Super Lawyers listed Tricia among the Top 25 Women Attorneys in Connecticut.

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Photo of Salvatore G. Gangemi Salvatore G. Gangemi

Salvatore G. Gangemi, a partner at Murtha Cullina, is a veteran labor and employment lawyer with nearly 30 years of litigation and counseling experience.

Employers from across the industry spectrum, including established companies in the senior living and health care fields; manufacturing, construction…

Salvatore G. Gangemi, a partner at Murtha Cullina, is a veteran labor and employment lawyer with nearly 30 years of litigation and counseling experience.

Employers from across the industry spectrum, including established companies in the senior living and health care fields; manufacturing, construction, retail and service firms; and emerging companies, seek Sal’s legal counsel to navigate today’s complex local, state and federal employment laws. His practice includes resolving disputes; advocating in courts and before administrative agencies; counseling on employment-related issues arising from acquisitions; and guiding clients in both long-range strategy and day-to-day administration of their workplaces and employees.

At the federal level, Sal brings extensive experience in OSHA investigations, audits and proceedings; the Fair Labor Standards Act (FLSA); Title VII discrimination matters; the Age Discrimination in Employment Act (ADEA); the Americans with Disabilities Act (ADA); and the Family Medical Leave Act (FMLA). He is also well-versed in state and local employment regulations.

Sal regularly represents clients in matters before the Equal Employment Opportunity Commission (EEOC), the U.S. Department of Labor and other federal agencies. On the state level, he appears before the New York State Division of Human Rights; the New York City Commission on Human Rights; the Connecticut Commission on Human Rights and Opportunities; the Connecticut Department of Labor; and the New York State Department of Labor. He has litigated cases involving misappropriation of trade secrets, restrictive covenants, breach of employment contract, fiduciary duty and other work-related common law claims.

Clients rely on Sal’s advice on routine human resources matters that arise in their businesses, including requests for reasonable accommodation for those with disabilities, family and medical leave issues, hiring and termination, and wage and hour concerns. Known for his proactive approach to identifying issues before they escalate, he conducts compliance training on sexual harassment prevention and other topics, performs worker classification practice and policy audits, and drafts employment policies and agreements. Sal shares his knowledge of the ever-evolving employment law landscape by speaking at events, conducting continuing legal education seminars and writing articles for a variety of publications.

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