On March 19, 2020, Governor Newsom issued Executive Order N-33-20 (the “Order”), which directs all California residents to stay at home except those individuals working in “Essential Critical Infrastructure Sectors.” The Order also acknowledges that supply chains must continue so that Californians can access necessities such as food, prescriptions, and healthcare. Businesses that provide products and services related to these necessities are permitted to continue operations. The Order requires all other businesses to cease all activities at facilities located in California.

The full text of the Order may be found here.

To clarify the Order, the State Public Health Officer published a list of Essential Critical Infrastructure Sectors. Businesses that fall into one or more of these sectors may continue operations during the COVID-19 state of emergency. The list designates the following as Essential Critical Infrastructure Sectors:

• Healthcare/Public Health
• Emergency Services
• Food and Agriculture
• Energy
• Water and Wastewater
• Transportation and Logistics
• Communications and Information Technology
• Community-Based Government Operations and Essential Functions
• Critical Manufacturing
• Hazardous Materials
• Financial Services
• Chemical
• Defense Industrial Base

The list also includes a comprehensive description of workers, employees and contractors who fall into each Essential Critical Infrastructure Sector. These individuals are permitted to report to work to ensure that essential operations continue uninterrupted. A complete list of the workers who support these critical sectors is available here.

In addition to the statewide order to stay at home, several counties and cities have adopted shelter-in-place ordinances. The ordinances generally prohibit gatherings of individuals outside the home, with certain exceptions for essential activities or essential travel, to perform work for essential businesses and government agencies, or perform essential infrastructure work. Employers that are not essential businesses or government services must take all steps necessary for employees to work remotely from home to the extent possible. Local law enforcement officials are tasked with determining which business are essential. Businesses found to be violating shelter-in-place ordinances may receive administrative penalties, such as licensure revocation and fines.

If you have any questions or concerns, you are welcome to contact the offices of Churchwell White at (916) 468-0950 or email Steve Churchwell at Steve@whitebrennerllp.com, Barbara Brenner at Barbara@whitebrennerllp.com, Debra Hinshaw Vierra at Debra@whitebrennerllp.com, or Randy Pollack at Randy@whitebrennerllp.com.