Last night, Governor Lamont issued Executive Order 7H which requires all non-essential businesses to reduce their in-person workforce by 100% on or before 8pm on Monday, March 23, 2020 through April 22, 2020, unless the Order is subsequently modified. Executive Order 7H specifically states that businesses must, to the maximum extent safely possible, use telecommuting and work-from-home practices.

Executive Order 7H designates that essential businesses are not subject to the in-person workforce reduction. Such essential businesses include the Department of Homeland Security’s 16 critical sectors. These 16 sectors are: the chemical sector, commercial facilities sector, communications sector, critical manufacturing sector (including primary metals, machinery, electrical equipment, appliance and components, and transportation equipment manufacturing), dams sector, defense industrial base sector, emergency services sector, energy sector, financial services sector, food and agriculture sector, government facilities sector, healthcare and public health sector, information technology sector, nuclear reactors, materials, and waste sector, transportation systems sector, and water and wastewater systems sector. The Order further includes many different areas of manufacturing, biotechnology development, mail and shipping services, legal and accounting services, vendors of essential services and goods necessary to maintain the safety, sanitation, and essential operations of residences and other essential businesses, child care services, and many others. The full list of essential workplaces can be found here.

The list of exemptions is, at the moment, broad. For example, manufacturers who produce medical device components or are in the aerospace supply chain are exempt from the order. Still, the Order in some cases implies a distinction between types of workers; for example, manufacturing/production workers are specifically called out as exempt under the general defense industrial base exemption. Manufacturing facilities whose office workforce can work remotely should do so to the extent safely possible.

Executive Order 7H also requires that the Commissioner of the Department of Economic and Community Development develop binding guidance on essential businesses by 8pm on Sunday, March 22, 2020. The foregoing analysis is subject to change on the basis of that guidance, when issued. We are monitoring to ensure that we can share these critical updates with you as expeditiously as possible.

We at Carmody are here to support you and your business during this difficult time. Should you have questions or concerns, please contact your regular Carmody attorney or any of our team members below:

Thomas R. Candrick, Jr.
(203) 784-3103; tcandrick@carmodylaw.com

Joseph Dornfried
(203) 575-2621; jdornfried@carmodylaw.com

Matthew H. Gaul
(203) 784-3106; mgaul@carmodylaw.com

Joseph L. Kinsella
(203) 575-2645; jkinsella@carmodylaw.com

Mark J. Malaspina
(203) 575-2625; mmalaspina@carmodylaw.com

Ann H. Zucker
(203) 252-2652; azucker@carmodylaw.com

Wesley D. Cain
(203) 784-3105; wcain@carmodylaw.com

Stephanie E. Cummings
(203) 575-2649; scummings@carmodylaw.com

Kevin G. Palumberi
(203) 252-2692; kpalumberi@carmodylaw.com

Holly G. Wheeler
(203) 784-3158; hwheeler@carmodylaw.com