Skip to content
The COVID Project

How a manufacturer operates

A manufacturer is a place. Its revenue is earned on a production floor where people, machines and materials must be in the same room at the same time; its inputs arrive at a dock from other plants in other States and other countries; its output leaves by the same dock for customers whose own premises were closed, capped or conditioned by their own orders; its orders are won at trade shows and on customer visits and kept by technicians who travel; its engineers, estimators and sales staff work in an office attached to the plant; and its workforce commutes, sends its children to school and lives under the same stay-at-home, quarantine and school orders as everyone else. Every one of those functions is a point at which an order limiting commerce, travel or group meetings reached the operation, and the sections that follow show that in every quarter orders reached every one of them. This section describes the functions in the operational terms an order can reach, states the revenue lines, maps the counterparties and the workforce, and closes with a table that ties each class of counterparty to the orders that bound it.

The industry in numbers

Manufacturing employed 12,743,000 people in February 2020, 11,382,000 in April 2020 and 12,393,000 on September 30, 2021; the April 2020 loss was 1,361,000 jobs, 10.7 percent of the industry, and on the last day of the last claimable quarter the industry remained 350,000 jobs below its February 2020 level.1 The Federal Reserve's industrial production index recorded a 13.7 percent fall in manufacturing output in April 2020, "its largest decline on record," a 19.3 percent fall in durable-goods output, a fall of "more than 70 percent" in motor vehicles and parts after "essentially month-long closures of most factories producing motor vehicles and civilian aircraft," and capacity utilization of 64.9 percent (Ex. SEC-10-090).2 The Census Bureau's Small Business Pulse Survey found in the week ending July 18, 2021 that 64.6 percent of small manufacturers reported domestic supplier delays, the highest share of any sector, and that 15.9 percent of all small businesses reported foreign supplier delays (Ex. LAW-243).3 The Federal Reserve's Beige Books of July 14 and September 8, 2021 recorded "shortages of materials and labor, delivery delays, and low inventories," the "ongoing microchip shortage" and "extensive labor shortages that were constraining employment and, in many cases, impeding business activity," attributed in part to "childcare needs" (Ex. ECO-A-106; Ex. ECO-A-107; Ex. ECO-B-090).4 Those figures are facts and circumstances, not orders; the orders are inventoried in the sections that follow.

PF. The production floor

Production runs in shifts on fixed lines, in cells or in batch processes. Workers share tools, gauges, controls, forklifts, break rooms, locker rooms and time clocks; a line is staffed at a fixed density set by the work stations, not by the workers' preference; a shift change puts two crews in the same space; a machine that stops for cleaning is a machine that does not produce. Every one of those features was the subject of an order. The closure orders stopped the floor outright in the States that closed non-listed manufacturing: Michigan (March 24 to May 11, 2020), Pennsylvania (March 19 to May 8 through June 5, 2020 by county), New York (March 22 to May 15 through June 8, 2020 by region), Illinois (March 21 to May 29, 2020), Washington (March 25, 2020 to Phase 1 by county), Minnesota (March 27 to April 27, 2020), Massachusetts (March 24 to May 18, 2020), Ohio (March 23 to May 4, 2020), Wisconsin (March 25 to May 13, 2020), Kentucky (March 26 to May 11, 2020), Texas (non-CISA manufacturing, April 2 to May 17, 2020), Vermont, Hawaii, Delaware, Colorado, New Mexico, California, Connecticut, New Hampshire, Idaho, Montana, Alaska, North Carolina, Maryland and the District of Columbia.5 The restart orders rebuilt the floor on the State's terms: daily entry screening with temperature checks, dedicated entry points with barriers, staggered shift starts and breaks, six-foot spacing "for their entire shift" with barriers where spacing was not feasible, tool-sharing limits, suspension of "all non-essential in-person visits, including tours," notification and shutdown of areas for cleaning after a case, and face coverings "required for all workers."6 The State workplace standards of Virginia, Oregon, California, Michigan and New York codified those conditions as regulations binding every employer, with written plans, exposure classification of every job, exclusion of exposed and infected workers with pay, testing, training and record-keeping.7 The statewide face-covering requirements of more than thirty States, airborne-transmission controls imposed on every indoor workplace, reached every production floor where a non-household person was present, and the indoor face-covering and exposure-control orders of July through September 2021 in Washington, Illinois, Nevada, Hawaii, Louisiana, New Mexico, Oregon and the District of Columbia and in the largest cities and counties governed the floor in the last claimable quarter.8 A production floor ordered to run at six feet, in staggered shifts, with disinfected tools and screened entrants, is a production floor whose throughput the order fixed.

WH. Warehouse, shipping and receiving

Finished goods and inbound materials move through a dock where the manufacturer's employees and other employers' drivers meet, sign, inspect and load. New Jersey wrote the dock into its orders ("Prohibit non-essential visitors from entering the worksite"), Kentucky required "minimal interaction between drivers at loading docks" and vehicle occupancy limits, Michigan prescribed delivery protocols, and the port and rail authorities and the Coast Guard governed every containerized input and export at the terminal gate: temperature checks at every Georgia Ports Authority access point with entry refused at 100.4 degrees, Port of Virginia truck-gate rules enforced by removal from the terminal, the CDC conveyance order's face-covering requirement, an airborne-transmission control the order imposed on every conveyance and transportation hub and bound every operator to enforce, as the Coast Guard's bulletin applied it at every "cargo handling facility" from March 22, 2021, and the Coast Guard's bulletins on crew confinement and illness reporting aboard every arriving vessel, guidance to the maritime industry that ran from March 2020 through September 30, 2021 and is described here as such.9 The Federal Railroad Administration's Emergency Order No. 32 imposed a face-covering requirement, an airborne-transmission control the carrier was bound to enforce, in every rail yard, shop, terminal and crew room from March 1, 2021 under a civil penalty of up to $118,826 a day (Ex. AGY-AVIATION-SURFACE-014).10

SC. Inbound supply

A manufacturer's inputs come from tier suppliers, and the tier suppliers of the United States are concentrated in the States that closed non-listed manufacturing in March 2020: Michigan, Ohio, Indiana, Pennsylvania, New York, Illinois, Wisconsin, Minnesota and California. When Michigan closed every plant not "necessary to sustain or protect life," when Pennsylvania closed every business "that is not a life sustaining business," when New York cut the in-person workforce of every business not exempted as essential to zero and when Wisconsin declared that suppliers to non-essential businesses "are non-essential," the suppliers of every manufacturer in every State stopped shipping.11 The Federal Reserve recorded the result on April 15, 2020: "[s]ome other manufacturing industries, such as autos, mostly shut down," with "widespread mandatory closures" and "supply chain disruptions" (Ex. ECO-A-104).12 The federal layer redirected the remainder: the Defense Production Act orders compelled General Motors, 3M and six ventilator manufacturers to accept and prioritize government orders (Ex. SEC-10-010; Ex. SEC-10-011; Ex. SEC-10-012), the Department of Health and Human Services designated fifteen categories of respirators, masks, gloves, gowns, ventilators and disinfectants as "scarce materials" whose accumulation above reasonable demand was a federal crime (Ex. FED-074), and FEMA barred their export without federal approval from April 7, 2020 to June 30, 2021 (Ex. SEC-10-004; Ex. SEC-10-008; Ex. SEC-10-009), so that every manufacturer whose reopening order required masks, gloves and sanitizer bought them in a market under federal allocation.13 Foreign inputs came from plants and ports governed by the entry proclamations and land-border notices of the United States, in force without a day's interruption from March 2020 to November 8, 2021 (Ex. FED-207; Ex. FED-233), and operated in the circumstances of the foreign orders that closed Ontario's non-listed businesses from March 24, 2020, suspended every "actividad no esencial" in Mexico from March 31 to May 30, 2020, capped Malaysia's manufacturing workforce at 60 percent from June 1 to August 15, 2021, locked down Ho Chi Minh City and the southern provinces of Vietnam from July 2021 to September 30, 2021, and placed Taiwan under a nationwide Level 3 alert from May 19 to July 26, 2021 (Ex. FOR-005; Ex. FOR-006; Ex. FOR-032; Ex. FOR-033; Ex. FOR-035).14 The White House's own 100-day review of June 8, 2021 found that the pandemic "created a global semiconductor chip shortage," that vehicle plants lost production "due to a six-week industry shutdown," and that the world "depends on Taiwanese firms for 92 percent of leading-edge semiconductor production" (Ex. ECO-A-101).15

DS. Distribution and customers

A manufacturer's customers are other employers, and every class of them was closed, capped or conditioned by order: original-equipment plants under the closure orders above; dealers whose showrooms were closed in the stay-at-home States and whose motor-vehicle offices were closed in nearly every State; retailers whose non-essential stores were closed from March 2020 to May and June 2020 and capped to the spring of 2021; contractors whose job sites were shut in New Jersey, Pennsylvania, New York, Michigan, Washington, Vermont and Massachusetts; restaurants whose dining rooms were closed in every State in March 2020 and capped through 2021; hospitals whose elective procedures were suspended in the spring of 2020 and whose entrants were screened, masked and, from August 2021, vaccinated by order; schools, colleges and public bodies under their own closure and remote orders; and the federal government itself, the largest customer in the country, whose agencies operated at maximum telework and whose contractors were placed under the Safer Federal Workforce Task Force's rules from July 29, 2021 and Executive Order 14042 from September 9, 2021.16 The fall of more than 70 percent in motor-vehicle output in April 2020 was a fall in every automotive supplier's shipments in every State; a closed dealership buys no parts; a capped dining room orders no equipment; a hospital that has cancelled its elective schedule orders no devices for it.17

EN. Engineering, sales and the technical office

The engineering, estimating, quality, purchasing, sales and administrative functions of a manufacturer sit in an office attached to or near the plant. The telework mandates reached them in terms: New Jersey's "must accommodate their workforce, wherever practicable, for telework or work-from-home arrangements" (March 21, 2020 to June 4, 2021); Pennsylvania's "Unless not possible, all businesses are required to conduct their operations in whole or in part remotely" (July 16, 2020) and "Unless impossible, all businesses must conduct their operations remotely" (issued November 23, 2020; effective November 27, 2020, to April 3, 2021); Illinois' direction that manufacturers "allow only manufacturing staff and key personnel in facilities, with non-production employees to work remotely where possible" (November 20, 2020); Michigan's MIOSHA rule that "The employer shall create a policy prohibiting in-person work for employees to the extent that their work activities can feasibly be completed remotely" (October 14, 2020 to May 24, 2021); Minnesota's "All workers who can work from home must do so" (March 27, 2020, carried to April 14, 2021); Oregon's "Work in offices is prohibited whenever telework and work-at-home options are available"; Kentucky's 33 percent office mandate (November 20 to December 13, 2020); Washington's "Professional Services are required to mandate that employees work from home when possible" (November 17, 2020 to January 11, 2021); Georgia's "teleworking for all possible workers"; New York's 50, 75 and 100 percent in-person reductions and its 50 percent office ceiling to May 19, 2021; Connecticut's telework clause and 50 percent office rule to May 20, 2021.18 An engineering office ordered remote cannot walk to the floor to solve a tooling problem, cannot host a customer's quality audit and cannot run a first-article inspection with the customer's engineer present; the order changed the operation.

OP. Office, administration and finance

The same remote-work mandates governed the administrative office in the same words, and on every day of the six quarters the office's counterparties ran under orders of their own: the courts, under judicial emergency orders that suspended jury trials, closed courthouses and tolled deadlines; the recorders and licensing offices, closed to the public in March 2020 and reopened by appointment; the financial regulators, under forbearance rules and foreclosure and eviction moratoria that ran to September 30, 2021; and the utilities, under shut-off suspensions. A collection suit that could not be filed, a lien that could not be recorded, a title that could not be transferred and a hearing held by video are each a modification the office did not choose; the instruments are inventoried under office, administration and finance in the function-by-function section.

EV. Trade shows, customer events and demonstrations

Manufacturers sell at shows. Every venue cap closed a show: Illinois capped "[i]ndoor venues and meeting spaces" at "the lesser of fifty attendees or fifty percent of room capacity" from June 26, 2020 and made them "prohibited from hosting gatherings of any size" from November 20, 2020 (Ex. SEC-10-037; Ex. SEC-10-038), which is why no exhibition of any size opened at McCormick Place between March 2020 and July 2021, when the authority itself recorded that the hall had been "closed since March of 2020" (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-027); Nevada capped gatherings at 250 or 50 percent from October 1, 2020 and at 50 persons or 25 percent from November 24, 2020 to February 14, 2021 (Ex. NV-028; Ex. NV-030), so that the industry's autumn and winter shows in Las Vegas ran digitally or not at all; Michigan prohibited every indoor non-residential gathering from November 18, 2020 to January 31, 2021 (Ex. MI-060; Ex. ECO-B-076; Ex. MI-062; Ex. MI-063); California barred conventions in every tier of its Blueprint to June 15, 2021 (Ex. CA-017; Ex. CA-055); Georgia barred live venues and conventions before July 1, 2020 and capped gatherings at fifty to April 7, 2021 (Ex. GA-024; Ex. GA-034); Maryland provided that "Convention events are prohibited" from June 12, 2020 and capped them at 50 percent to May 15, 2021 (Ex. MD-046).19 The industry's national shows, the International Manufacturing Technology Show in Chicago in September of even years among them, fell inside those caps, and the halls' own records fix the result: McCormick Place "closed since March of 2020," the Javits Center with "no events since March 10th" and none scheduled through June 2020 (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-027; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-055).

TR. Business travel and field service

Manufacturers keep customers by visiting them and servicing what they sold. Customer visits and field service ran through the State travel quarantines: New York's Executive Order 205 (June 25, 2020 to April 1, 2021, with a $10,000 penalty), Connecticut's Executive Order 7III (July 24, 2020 to March 19, 2021), Massachusetts' Order No. 45 (August 1, 2020 to March 22, 2021, $500 a day), Pennsylvania's testing-or-quarantine order (November 20, 2020 to March 1, 2021), Hawaii's quarantine on every arrival (March 26, 2020 to 11:59 p.m. March 25, 2022), Alaska's (March 25, 2020 to February 14, 2021), New Mexico's (July 1, 2020 to February 10, 2021), Kansas's continuous list, Chicago's Emergency Travel Order and the spring 2020 quarantines of Texas, Florida, Rhode Island, Vermont, Maine, Delaware, Kentucky, Montana and Idaho, each of which attached fourteen days' exclusion to a technician's arrival from a listed State.20 Business flights ran under the federal conveyance order and the TSA directives from February 1, 2021 (Ex. FED-020; Ex. FED-050; Ex. FED-051; Ex. FED-052), international travel under the entry proclamations and the pre-departure testing order (Ex. FED-207; Ex. FED-042), and every trip to Canada or Mexico under the land-border notices (Ex. FED-216; Ex. FED-235).21

HR. Hiring, screening, training and credentialing

The restart orders and the State standards made screening a condition of every shift and training a condition of every hire; Michigan required daily entry screening with temperature checks, Virginia required exposure classification of every job task and training for very-high, high and medium exposure workplaces, Cal/OSHA required a written prevention program, training and records, and MIOSHA required a preparedness plan with a designated coordinator.22 The motor-vehicle offices through which manufacturers hire and credential drivers closed to the public in nearly every State between March 16 and March 27, 2020 and reopened by appointment between May 2020 and July 2021, closures the agencies announced (Ex. AGY-ST-DMV-SOS-RECORDERS-018, the California announcement, described here as such) and the States accommodated by credential-extension orders and statutes (Ex. AGY-ST-DMV-SOS-RECORDERS-006; Ex. AGY-ST-DMV-SOS-RECORDERS-043); the Department of Transportation's statement of enforcement discretion for substance abuse professionals and service agents, an agency statement described here as such, relaxed the in-person evaluation and requalification requirements of every regulated employer from April 4, 2020 to December 31, 2021 (Ex. AGY-AVIATION-SURFACE-046); the State Department cancelled every routine visa appointment in the world from March 20, 2020 and resumed post by post (Ex. FED-327; the Department's announcement, Ex. AGY-FED-LABOR-IMMIGRATION-060); the President suspended the entry of H-1B, H-2B, L and J workers from June 24, 2020 to March 31, 2021 (Ex. FED-211; Ex. FED-213); and USCIS suspended every face-to-face service from March 18 to June 4, 2020 (Ex. FED-324; Ex. FED-325).23

WF. Workforce availability

A plant's workforce is hourly, commutes by car and by transit, and has children. Every State closed its schools to in-person instruction between March 12 and March 23, 2020, forty-eight kept them closed for the rest of the school year, and at their peak the closures reached at least 55.1 million students in 124,000 schools; the States confined child care to the children of essential workers; the fall of 2020 opened remote or hybrid in most large districts; and the 2021-22 year opened under face-covering and quarantine orders in eighteen States and the District that kept exposed children, and their parents, at home.24 Congress ordered every employer under 500 employees to pay leave to any worker "subject to a Federal, State, or local quarantine or isolation order related to COVID-19" or caring for a child whose "school or place of care ... has been closed," from April 1 to December 31, 2020, and the Department of Labor's rule defined "quarantine or isolation order" to include stay-at-home orders (Ex. FED-170; Ex. FED-171).25 The State health departments' isolation and quarantine directives, and the State workplace standards' exclusion rules, removed exposed workers from the floor by law; New Jersey capped every train and bus at 50 percent from April 13, 2020; the New York subway closed nightly for the first time in its history from May 6, 2020 to May 17, 2021; and from February 1, 2021 every commute by public conveyance ran under a federal face-covering and exposure-control order enforced by criminal penalty.26

CB. The customer base

The stay-at-home orders confined the consumers who buy the industry's goods, and the closure and capacity orders confined the businesses that resell them; the next section treats those orders as what the statute calls them, orders limiting commerce.

Revenue lines, geography and seasonality

The industry's revenue lines are sales of goods to OEM, distributor, retail, contractor, institutional and government customers; aftermarket parts and service; tooling and engineering; and export. Its geography concentrates the closure exposure: the Great Lakes automotive and machinery belt (Michigan, Ohio, Indiana, Illinois, Wisconsin), the Northeast (Pennsylvania, New York, New Jersey, Massachusetts, Connecticut), the Southeast automotive corridor (Kentucky, Tennessee, Alabama, Georgia, South Carolina), Texas and California. Its seasonality fell into the orders: the automotive model-year changeover and summer shutdown in July; the fourth-quarter capital-equipment cycle; the show calendar; the spring build for construction and agricultural equipment; the summer and fall build of consumer goods for the holidays. A plant closed in March and April 2020 lost its spring build; a plant ordered to run at six feet with staggered shifts in the fall of 2020 ran its holiday build at the order's throughput.

The counterparty map

The table below states, for each class of counterparty, the orders that reached it and the part of this page that inventories them.

Counterparty classOrders that reached itWhere inventoried
Tier suppliers and contract manufacturersState closure orders (MI, PA, NY, NJ, IL, OH, WI, MN, MA, WA, CA); DPA priority orders; HHS scarce-materials designation; FEMA export barThe fifty States; The federal layer; The interconnected economy
Foreign suppliers and export customersEntry proclamations; DHS land-border notices; CDC testing order; Title 42; foreign orders as contextThe federal layer; The interconnected economy
Carriers, ports, rail and customsCDC conveyance order at the ports (Coast Guard bulletins as implementing guidance); port authority gate rules; FRA Emergency Order No. 32; CBP duty postponementThe sector regulators; The counterparties
OEM, dealer, retail, contractor and institutional customersClosure, capacity and elective-procedure orders in every State; motor-vehicle office closures; construction shutdownsThe fifty States; The counterparties
Show organizers and venuesGathering caps and venue closures (IL, NV, MI, CA, GA, MD and others); convention-center conversionsThe fifty States; The largest metros; The counterparties
Customers and technicians in other StatesState travel quarantines; conveyance order; TSA directivesThe federal layer; The counterparties
Schools, child care and transitSchool closure and 2021-22 face-covering and exposure-control orders; child-care emergency-only orders; FFCRA; transit ordersThe counterparties; The interconnected economy
Health-care providersElective-procedure suspensions; CMS rules; OSHA Healthcare ETS; health-care-worker mandatesThe counterparties
Courts, clerks and licensing officesCourt administrative orders; motor-vehicle and recorder closures; remote-notarization ordersThe sector regulators; The counterparties
Federal agencies as customersOMB telework directives; Task Force rules; Executive Order 14042; Department of Defense travel restrictionsThe federal layer
  1. Bureau of Labor Statistics, Current Employment Statistics, series CES3000000001 (all employees, manufacturing, seasonally adjusted, thousands): February 2020, 12,743; March 2020, 12,684; April 2020, 11,382; May 2020, 11,610; June 2020, 11,950; September 2020, 12,057; December 2020, 12,153; March 2021, 12,229; June 2021, 12,247; July 2021, 12,305; August 2021, 12,353; September 2021, 12,393. The Bureau's April 2020 employment release attributed the month's payroll losses to "the effects of the coronavirus (COVID-19) pandemic and efforts to contain it" and counted manufacturing's loss at 1.3 million (Ex. LAW-206). These figures are facts and circumstances, not orders. ↩
  2. Board of Governors of the Federal Reserve System, G.17 Industrial Production and Capacity Utilization, April 2020 (May 15, 2020) (Ex. SEC-10-090) ("Manufacturing output fell 13.7 percent, its largest decline on record"; "The output of motor vehicles and parts fell more than 70 percent"; "essentially month-long closures of most factories producing motor vehicles and civilian aircraft"; total capacity utilization 64.9 percent). ↩
  3. U.S. Census Bureau, Small Business Pulse Survey, week ending July 18, 2021 (Ex. LAW-243) (domestic supplier delays: manufacturing 64.6 percent; retail 59.8; construction 58.5; accommodation and food services 51.4; foreign supplier delays 15.9 percent of all small businesses; 17.7 percent needing new supply-chain options within six months). ↩
  4. Federal Reserve, Beige Book (July 14, 2021) (Ex. ECO-A-106) ("Supply-side disruptions became more widespread, including shortages of materials and labor, delivery delays, and low inventories of many consumer goods"); Beige Book (Sept. 8, 2021) (Ex. ECO-A-107; Ex. ECO-B-090) ("extensive labor shortages that were constraining employment and, in many cases, impeding business activity"; "childcare needs"); Monetary Policy Report (July 9, 2021) at 15 (Ex. LAW-221) ("Companies laid off workers, idled plants, and canceled orders for materials ... by late 2020, factories in some industries were scrambling to find the workers, parts, and materials"). ↩
  5. The closure orders and their dates are inventoried, with the instruments, under "The fifty States" below: Ex. MI-011; Ex. PA-002; Ex. PA-003; Ex. NY-002; Ex. NY-003; Ex. SEC-10-034; Ex. WA-016; Ex. MN-010; Ex. MA-008; Ex. OH-011; Ex. WI-002; Ex. KY-010; Ex. TX-008; Ex. VT-010; Ex. HI-004; Ex. DE-005; Ex. CO-012; Ex. NM-006; Ex. CA-007; Ex. CT-007; Ex. NH-009; Ex. ID-003; Ex. MT-009; Ex. AK-013; Ex. NC-005; Ex. MD-005; Ex. DC-005. ↩
  6. Executive Order 2020-77, §§ 10(k), 11(k) (May 7, 2020) (Ex. MI-026); Executive Order 2020-91, § 4 (May 18, 2020) (Ex. MI-027) (daily entry screening with temperature checks; dedicated entry points with barriers; "Suspend all non-essential in-person visits, including tours"; rotational shifts; staggered breaks; delivery protocols; tool-sharing limits; shutdown for cleaning after a case); Kentucky Cabinet for Health and Family Services, Healthy at Work Requirements for Manufacturing, Distribution, and Supply Chain Businesses, Version 1.2 (May 11, 2020) (Ex. SEC-10-051) ("must meet the requirements below in order to reopen and remain open"; six-foot distance "for their entire shift"; barriers where not feasible; staggered shifts; restricted common areas; "minimal interaction between drivers at loading docks"; vehicle occupancy limits); Massachusetts, Sector-Specific Workplace Safety Standards for Manufacturing to Address COVID-19 (Phase I) (May 18, 2020) (Ex. SEC-10-046) ("Face coverings are required for all workers"; partitions taller than a standing worker where stations cannot be spaced; cafeteria distancing; phased reopening of highly manual facilities); Illinois Executive Order 2020-32, § 4 (Apr. 30, 2020) (Ex. SEC-10-035) ("Manufacturers that continue to operate pursuant to this Order must follow Social Distancing Requirements and take appropriate precautions," including face coverings for employees unable to keep six feet); Ohio Department of Health, Director's Stay Safe Ohio Order (Apr. 30, 2020) (Ex. SEC-10-048) (manufacturing, distribution and construction reopened May 4, 2020 under mandatory employee face coverings, daily symptom assessment, distancing and sanitization). ↩
  7. Virginia, 16VAC25-220, Emergency Temporary Standard (July 27, 2020) (Ex. SEC-10-042) ("shall apply to every employer, employee, and place of employment"; exposure classification of every job task; § 40 mandatory requirements for all employers; § 70 infectious disease preparedness and response plan and § 80 training for very-high, high and medium exposure workplaces); Final Permanent Standard (Jan. 27, 2021; amended Sept. 8, 2021) (Ex. SEC-10-043); Cal/OSHA, 8 C.C.R. § 3205 (effective Nov. 30, 2020; readopted June 17, 2021) (Ex. SEC-10-039; Ex. SEC-10-041) (written COVID-19 Prevention Program; exclusion of cases and exposed employees with pay; testing; face coverings; distancing); Oregon OSHA, OAR 437-001-0744 (effective Nov. 16, 2020; permanent May 4, 2021) (Ex. SEC-10-054; Ex. SEC-10-055) ("applies to all employees working in places of employment"; distancing; masks; exposure assessment; infection-control plan; ventilation; notification); MIOSHA Emergency Rules (Oct. 14, 2020; extended Apr. 13, 2021; rescinded June 22, 2021) (Ex. SEC-10-024) (preparedness and response plan; daily screening; face coverings; a manufacturing-specific rule; in-person work prohibited to the extent feasibly remote); New York Labor Law § 218-b (HERO Act) (Ex. SEC-10-029) with the Department of Labor's standard and model plan of July 6, 2021 (Ex. SEC-10-028) and the designation of September 6, 2021 (Ex. SEC-10-031). ↩
  8. The statewide face-covering orders of 2020 are inventoried by State under "The fifty States" and compiled in the Kaiser Family Foundation's files of June 30, 2020 and October 1, 2020 (Ex. LAW-230; Ex. LAW-231); most ended between April and June 2021; the third-quarter 2021 orders are Ex. WA-078; Ex. SEC-10-036; Ex. NV-041; Ex. HI-024; Ex. LA-036; Ex. NM-067; Ex. OR-048; Ex. DC-057 and the metro orders inventoried under "The largest metros" and in the third quarter of 2021 below. ↩
  9. Ex. SEC-10-020, ¶ 3 (New Jersey); Ex. SEC-10-051 (Kentucky); Ex. MI-026 (Michigan delivery protocols); Georgia Ports Authority, temperature checks at all access control points with entry refused at 100.4 degrees (Apr. 21, 2020) (Ex. AGY-USCG-PORTS-081); Port of Virginia, truck-gate rules (Apr. 8, 2020) (Ex. AGY-USCG-PORTS-078) ("Failure to comply with the following guidelines will result in removal from the terminal, or facility"); Coast Guard, MSIB 02-21, Change 1 (Mar. 22, 2021) (Ex. AGY-USCG-PORTS-033) (the Coast Guard's bulletin applying the CDC conveyance order's face-covering requirement, Ex. FED-020, at every "cargo handling facility"; guidance, described here as such), Change 2 (June 11, 2021) (Ex. AGY-USCG-PORTS-037) and Change 3 (Sept. 2, 2021) (Ex. AGY-USCG-PORTS-038); MSIB 02-20, Changes 3 through 7 (Mar. 16, 2020 to May 5, 2021) (Ex. AGY-USCG-PORTS-006; Ex. AGY-USCG-PORTS-020; Ex. AGY-USCG-PORTS-022; Ex. AGY-USCG-PORTS-030; Ex. AGY-USCG-PORTS-035) (the Coast Guard's guidance to arriving vessels, described here as such: illness aboard "must be reported immediately"; crews from listed countries "remain aboard the vessel except to conduct specific activities directly related to vessel cargo or provisioning operations"; every vessel "arriving to or traveling between any U.S. port or place must follow reporting and infection control measures"). ↩
  10. Federal Railroad Administration, Emergency Order No. 32, 86 Fed. Reg. 11888 (Mar. 1, 2021) (Ex. AGY-AVIATION-SURFACE-014) ("Railroad carriers must require their personnel to wear a mask ... while engaged in railroad operations," in every "railroad transportation facility, terminal, yard, storage facility, yard office, crew room, maintenance shop," on pain of "civil penalty of up to $118,826 for each day the violation continues"); modification of June 10, 2021 (Ex. AGY-AVIATION-SURFACE-075). ↩
  11. Ex. MI-011, § 4; Ex. PA-002; Ex. PA-003; Ex. NY-003; Ex. NY-002; Wisconsin Emergency Order #28, § 14.d-e (Apr. 16, 2020) (Ex. WI-003) (suppliers to non-essential businesses "are non-essential"); Emergency Order #12, Safer at Home (Mar. 24, 2020) (Ex. WI-002); Ohio Director's Stay at Home Order (Mar. 22, 2020) (Ex. OH-011); Indiana Executive Order 20-08 (Mar. 23, 2020) (Ex. IN-006); Illinois Executive Order 2020-10 (Mar. 20, 2020) (Ex. SEC-10-034); Minnesota Emergency Executive Order 20-20, ¶ 6(j) (Mar. 25, 2020) (Ex. MN-010) ("(j) Critical manufacturing. This category is limited to critical manufacturing workers listed in the CISA Guidance"); Massachusetts COVID-19 Order No. 13 (Mar. 23, 2020) (Ex. MA-008); Washington Proclamation 20-25 (Mar. 23, 2020) (Ex. WA-016) ("all non-essential businesses in Washington State shall cease operations except for performing basic minimum operations"); California Executive Order N-33-20 and the State Public Health Officer's order (Mar. 19, 2020) (Ex. CA-002; Ex. CA-007). ↩
  12. Federal Reserve, Beige Book (Apr. 15, 2020) (Ex. ECO-A-104) ("Economic activity contracted sharply and abruptly across all regions in the United States as a result of the COVID-19 pandemic"; "Some other manufacturing industries, such as autos, mostly shut down"; "widespread mandatory closures"; "supply chain disruptions"). ↩
  13. Ex. SEC-10-010; Ex. SEC-10-011; Ex. SEC-10-012; Ex. SEC-10-001 (Executive Order 13909, 85 Fed. Reg. 16227 (Mar. 18, 2020)); Ex. SEC-10-002 (Executive Order 13910, 85 Fed. Reg. 17001 (Mar. 23, 2020)); Ex. SEC-10-003 (Executive Order 13911, 85 Fed. Reg. 18403 (Mar. 27, 2020)); HHS, Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures, 85 Fed. Reg. 17592 (Mar. 30, 2020) (Ex. FED-074), extended July 30, 2020, Feb. 1, 2021 and July 7, 2021 to Nov. 15, 2021 (Ex. ECO-A-069; Ex. ECO-A-070; Ex. ECO-A-071); Ex. SEC-10-004; Ex. SEC-10-008; Ex. SEC-10-009; FEMA, Emergency Management Priorities and Allocations System, 44 C.F.R. part 333, 85 Fed. Reg. 28500 (May 13, 2020) (Ex. SEC-10-007). ↩
  14. Ex. FED-207 (Proclamation 10143); Ex. FED-208 (Proclamation 10199); Ex. FED-209 (Proclamation 10294, fixing the end date at Nov. 8, 2021); Ex. FED-216 (DHS notification of Mar. 24, 2020, 85 Fed. Reg. 16548, Canada); Ex. FED-239 (Mexico); Ex. FED-233; Ex. FED-234; Ex. FED-235 (the third-quarter 2021 notifications); Ontario, O. Reg. 82/20 (every business not on Schedule 2 closed from 11:59 p.m. Mar. 24, 2020) (Ex. FOR-005); Mexico, Acuerdo of Mar. 31, 2020 (all "actividades no esenciales" suspended to May 30, 2020; automotive, construction and mining released June 1, 2020) (Ex. FOR-006; Ex. FOR-007); Malaysia's lockdown from June 1, 2021 with manufacturing capped at 60 percent to Aug. 15, 2021 (Ex. FOR-032); Vietnam's Ho Chi Minh City and southern-province lockdowns July 2021 to Sept. 30, 2021 (Ex. FOR-033); Taiwan's nationwide Level 3 alert May 19 to July 26, 2021 (Ex. FOR-035; Ex. FOR-036). The foreign instruments are cited only as the facts and circumstances in which the federal instruments limiting travel and commerce with those countries operated. ↩
  15. The White House, Building Resilient Supply Chains, Revitalizing American Manufacturing, and Fostering Broad-Based Growth: 100-Day Reviews under Executive Order 14017 (June 8, 2021) (Ex. ECO-A-101); Executive Order 14017, 86 Fed. Reg. 11849 (Feb. 24, 2021) (Ex. ECO-A-072) (finding that "[p]andemics and other biological threats" had exposed the fragility of the nation's supply chains); Department of Commerce, Notice of Request for Public Comments on Risks in the Semiconductor Supply Chain, 86 Fed. Reg. 14308 (Mar. 15, 2021) (Ex. ECO-A-073); Department of Commerce, Notice of Request for Public Comments on Semiconductor Supply Chain, 86 Fed. Reg. 53031 (Sept. 24, 2021) (Ex. ECO-A-077) (soliciting data on "the current semiconductor shortage" inside the third quarter of 2021). Facts and circumstances only. ↩
  16. The customer orders are inventoried under "The counterparties" below. OMB Memorandum M-20-16 (Mar. 17, 2020) (Ex. FED-264) (agencies to "communicate with their customers to encourage them to delay transactions which are not time-critical"); OMB/OPM Memorandum M-20-23 (Apr. 20, 2020) (Ex. FED-268) ("Maximum Telework Flexibility"); Safer Federal Workforce Task Force, Model Safety Principles (rev. July 29, 2021) (Ex. FED-272); Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021) (Ex. FED-063); OMB Determination, 86 Fed. Reg. 53691 (Sept. 28, 2021) (Ex. FED-275). ↩
  17. Ex. SEC-10-090 (motor vehicles and parts down more than 70 percent in April 2020); Notice 2021-20, 2021-11 I.R.B. 922, Q&A-12, Example, at 929 (Ex. LAW-101) (an auto parts manufacturer suspended "due to the governmental order that suspended operations of its supplier"). ↩
  18. New Jersey Executive Order No. 107, ¶¶ 10-11 (Mar. 21, 2020) (Ex. SEC-10-023) ("All businesses or non-profits in the State, whether closed or open to the public, must accommodate their workforce, wherever practicable, for telework or work-from-home arrangements"; businesses with employees who "cannot perform their functions via telework or work-from-home arrangements ... should make best efforts to reduce staff on site to the minimal number necessary to ensure that essential operations can continue"), rescinded as to telework effective June 4, 2021 (Ex. SEC-10-022); Pennsylvania, Order of the Governor Directing Targeted Mitigation Measures, § 4 (July 15, 2020) (Ex. PA-016) ("Unless not possible, all businesses are required to conduct their operations in whole or in part remotely"); Order of the Secretary of Health Directing Mitigation Measures, § 1(A) (Nov. 23, 2020; effective 12:01 a.m. Nov. 27, 2020) (Ex. PA-022) ("Unless impossible, all businesses must conduct their operations remotely, through individual teleworking of their employees"), lifted Apr. 4, 2021 (Ex. PA-033) and expired May 31, 2021 (Ex. PA-035; Ex. PA-036); Illinois Executive Order 2020-73, ¶ c (Nov. 17, 2020; effective Nov. 20, 2020) (Ex. SEC-10-038) ("allow only manufacturing staff and key personnel in facilities, with non-production employees to work remotely where possible"); MIOSHA Emergency Rules, Rule 5(8) (Oct. 14, 2020) (Ex. MI-054; Ex. AGY-ST-LABOR-WORKPLACE-062 (the rules as amended and refiled May 24, 2021)) ("The employer shall create a policy prohibiting in-person work for employees to the extent that their work activities can feasibly be completed remotely"); Ex. SEC-10-024 (the extension of Apr. 13, 2021 and the rescission of June 22, 2021); Minnesota Emergency Executive Order 20-20, ¶ 6 (Ex. MN-010) ("All workers who can work from home must do so"); Emergency Executive Order 21-11, ¶ 7.a.i (Ex. MN-037) ("Until April 14, 2021 at 11:59 pm, employees who can work from home, must work from home"); Oregon Executive Order 20-12 (Mar. 23, 2020) (Ex. OR-007) ("Work in offices is prohibited whenever telework and work-at-home options are available"), carried by Executive Orders 20-25, 20-27, 20-65 and 20-66 (Ex. OR-017; Ex. OR-020; Ex. OR-033; Ex. OR-035); Kentucky Executive Order 2020-968 (Nov. 18, 2020; effective 5:00 p.m. Nov. 20, 2020) (Ex. KY-033) (offices to "mandate that all employees who are able to work from home do so" with no more than 33 percent present); Washington Proclamation 20-25.8, ¶ 13 (Nov. 15, 2020; effective 12:01 a.m. Nov. 17, 2020) (Ex. WA-047) ("Professional Services are required to mandate that employees work from home when possible"); Georgia Executive Order 04.02.20.01 (Apr. 2, 2020) (Ex. GA-010) ("implementing teleworking for all possible workers"; meetings virtual); New York Executive Orders 202.6, 202.7 and 202.8 (Ex. NY-003; Ex. NY-004; Ex. NY-002) and the Office-Based Work interim guidance ("no more than 50% of the maximum occupancy") to May 19, 2021 (Ex. NY-131; Ex. NY-054); Connecticut Executive Order 7H, § 1 (Mar. 20, 2020) (Ex. CT-007) and the DECD office sector rules (Ex. CT-069; Ex. CT-079; Ex. CT-087; Ex. CT-093) to May 20, 2021 (Ex. CT-046). ↩
  19. Illinois Executive Order 2020-43, ¶¶ c, e (June 26, 2020) (Ex. SEC-10-037) ("Indoor venues and meeting spaces can operate with the lesser of fifty attendees or fifty percent of room capacity"); Executive Order 2020-73, ¶ e (Nov. 17, 2020) (Ex. SEC-10-038) (venues "prohibited from hosting gatherings of any size"); Metropolitan Pier and Exposition Authority, news release, "McCormick Place Successfully Reopens with Major Events" (Aug. 4, 2021) (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-027) ("closed since March of 2020"; rebuilding a workforce of "approximately 1000 FTEs along with hundreds of contractors"); Javits Center Board minutes (Apr. 22, 2020) (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-055) ("there have been no events since March 10th and there are no events scheduled through the end of June"); Nevada Declaration of Emergency Directive 033 (Sept. 30, 2020; effective Oct. 1, 2020) (Ex. NV-028) (gatherings 250 or 50 percent; conventions 1,000); Directive 035, Statewide Pause (Nov. 24, 2020) (Ex. NV-030) (25 percent or 50 persons); Michigan Department of Health and Human Services, Gatherings and Face Mask Order (Nov. 15, 2020; effective Nov. 18, 2020) (Ex. MI-060; Ex. ECO-B-076) (every indoor non-residential gathering prohibited), continued by the orders of Dec. 7 and Dec. 18, 2020 (Ex. MI-062) and Jan. 13, 2021 (Ex. MI-063) to Jan. 31, 2021; predecessor Gatherings and Face Mask Order of Oct. 29, 2020 (Ex. MI-059); California Blueprint for a Safer Economy order (Aug. 28, 2020; effective Aug. 31, 2020) (Ex. CA-017) and tier chart (Ex. CA-055) (conventions barred in every tier); Georgia Executive Order 06.11.20.01 (Ex. GA-024) (live venues and conventions barred before July 1, 2020; 50-person gathering ban) and Executive Order 03.31.21.03 (Ex. GA-034) (gathering ban ended Apr. 8, 2021); Maryland Department of Health directive (June 12, 2020) (Ex. MD-046) ("Convention events are prohibited") and Order 21-03-09-01 (Ex. MD-026) (venues 50 percent to May 15, 2021). ↩
  20. New York Executive Order 205 (June 24, 2020; effective June 25, 2020) (Ex. NY-006) (travelers from any State above 10 new cases per 100,000 or 10 percent positivity "will be required to quarantine for a period of 14 days"; civil penalty up to $10,000); rescinded effective June 25, 2021 (Ex. NY-049); Connecticut Executive Order 7III (July 21, 2020; mandatory from July 24, 2020) (Ex. CT-023) and Executive Order 9S (Dec. 18, 2020) (Ex. CT-034), repealed Mar. 19, 2021 (Ex. CT-037); Massachusetts COVID-19 Order No. 45 (Aug. 1, 2020 to Mar. 22, 2021) (Ex. MA-025) ("all persons arriving in Massachusetts by any means or mode"; $500-per-day fines); Pennsylvania Secretary of Health, Order for Mitigation Relating to Travel (Nov. 17, 2020; effective Nov. 20, 2020) (Ex. PA-021), to Mar. 1, 2021; Hawaii Second Supplementary Proclamation (Mar. 21, 2020; quarantine from Mar. 26, 2020) (Ex. HI-003) and Order for Self-Quarantine (Ex. HI-031), to Mar. 25, 2022 (Ex. HI-055); Alaska Health Mandate 010 (Mar. 23, 2020; effective Mar. 25, 2020) (Ex. AK-012) and Outbreak Health Order No. 6 (Ex. AK-035), to Feb. 14, 2021; New Mexico Executive Order 2020-054 (July 1, 2020) (Ex. NM-024) and Executive Order 2020-063 (Ex. NM-031), advisory from Feb. 10, 2021 (Ex. NM-051); Kansas Department of Health and Environment travel quarantine list (Mar. 2020 to Nov. 2021) (Ex. KS-053; Ex. KS-057); Chicago Emergency Travel Order (July 2, 2020; effective July 6, 2020) (Ex. MET-CHI-019; Ex. ECO-C-031); Texas Executive Orders GA-11 and GA-12 (Mar. 26 and 29, 2020) (Ex. TX-006; Ex. TX-007); Florida Executive Order 20-82 (Mar. 24, 2020) (Ex. FL-012); Rhode Island Executive Order 20-14 (Mar. 28, 2020) (Ex. RI-009); Vermont Addendum 7 (Mar. 30, 2020) (Ex. VT-012); Maine Executive Order 34 FY 19/20 (Apr. 3, 2020) (Ex. ME-013); Delaware Seventh Modification (Mar. 29, 2020) (Ex. DE-010); Kentucky Executive Order 2020-258 (Mar. 30, 2020) (Ex. KY-011); Montana Directive of Mar. 30, 2020 (Ex. MT-010); Idaho amended Order to Self-Isolate (Apr. 15, 2020) (Ex. ID-004). ↩
  21. Ex. FED-020; TSA Security Directive 1582/84-21-01 (Jan. 31, 2021; effective Feb. 1, 2021) (Ex. FED-050); SD 1582/84-21-01A (effective May 12, 2021) (Ex. FED-051); SD 1582/84-21-01B (effective Sept. 14, 2021 to Jan. 18, 2022) (Ex. FED-052); SD 1544-21-02 (airlines), SD 1542-21-01 (airports) and EA 1546-21-01 (foreign carriers) (Ex. FED-053; Ex. FED-054; Ex. FED-055), ratified at 86 Fed. Reg. 26825 (Ex. FED-056); CDC, Amended Order, Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery from COVID-19 for All Airline or Other Aircraft Passengers Arriving into the United States from Any Foreign Country, 86 Fed. Reg. 7387 (Jan. 28, 2021) (Ex. FED-042) ("This Order prohibits the introduction into the United States of any aircraft passenger departing from any foreign country unless the passenger" has a negative test or documentation of recovery); Ex. FED-207; Ex. FED-216; Ex. FED-235. ↩
  22. Ex. MI-026, § 11(k); Ex. SEC-10-042, §§ 40, 70, 80; Ex. SEC-10-041, § 3205(c)(3), (c)(5); Ex. SEC-10-024 (MIOSHA Rules 5, 7, 8). ↩
  23. California DMV, news release of Mar. 26, 2020 (field offices closed to the public from Mar. 27, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-018) and the reopening releases of May 8 and June 11, 2020 (Ex. AGY-ST-DMV-SOS-RECORDERS-015) (the agency's announcements, described here as such); the closures of Illinois (Ex. IL-055; Ex. IL-053), Pennsylvania (Ex. PA-102), New Jersey (Ex. NJ-107), Connecticut (Ex. CT-062), Ohio (Ex. OH-060), Minnesota (Ex. MN-056), Nevada (Ex. NV-006), Vermont (Ex. VT-006), Michigan (Ex. MI-012) and the District (Ex. DC-082) between Mar. 16 and Mar. 27, 2020; DOT Office of Drug and Alcohol Policy and Compliance statement (Apr. 4, 2020) and extensions to Dec. 31, 2021 (Ex. AGY-AVIATION-SURFACE-045; Ex. AGY-AVIATION-SURFACE-046) (statements of enforcement discretion, described here as such); Department of State, Suspension of Routine Visa Services (Mar. 20, 2020) (Ex. FED-327; the Bureau of Consular Affairs' announcement, Ex. AGY-FED-LABOR-IMMIGRATION-060) and the post-by-post resumption from July 14, 2020 (Ex. FED-328; the announcement, Ex. AGY-FED-LABOR-IMMIGRATION-061); Proclamation 10052, 85 Fed. Reg. 38263 (June 22, 2020; effective June 24, 2020) (Ex. FED-211) and Proclamation 10131 (Dec. 31, 2020) (Ex. FED-213) (to Mar. 31, 2021); Proclamation 10014, 85 Fed. Reg. 23441 (Apr. 22, 2020; effective Apr. 23, 2020) (Ex. FED-210), revoked Feb. 24, 2021 (Ex. FED-214); USCIS closure (Mar. 18, 2020) (Ex. FED-324) and reopening under mask and screening conditions (June 4, 2020) (Ex. FED-325); DHS, Form I-9 remote-inspection flexibility for "employers and workplaces that are operating remotely" (Mar. 20, 2020, extended through the period) (Ex. AGY-FED-LABOR-IMMIGRATION-068; Ex. ECO-C-126) (an agency announcement, described here as such). ↩
  24. School closures in every State between Mar. 12 and Mar. 23, 2020; 48 States closed through the year; "at least 55.1 million students in 124,000 U.S. public and private schools" (Ex. ECO-B-105; Ex. ECO-B-050); Michigan Executive Order 2020-5 (Mar. 13, 2020) (Ex. ECO-B-073) ("all elementary school buildings and secondary school buildings in this state must close to students") and Executive Order 2020-35 (Apr. 2, 2020) (Ex. ECO-B-074); Illinois Executive Order 2020-05 (Ex. ECO-B-082); Kansas Executive Order 20-07 (Ex. ECO-B-016); Virginia Executive Order 53 (Ex. VA-004) ("Cessation of all in-person instruction at K-12 schools, public and private, for the remainder of the 2019-2020 school year"); Connecticut Executive Order No. 7C (Mar. 15, 2020) (Ex. ECO-B-077); Texas Executive Order GA-08 (Ex. ECO-B-018); child-care emergency-only orders: New Jersey Executive Order 110 (Ex. ECO-B-026); Oregon Executive Order 20-19 (Ex. ECO-B-111); Illinois Executive Order 2020-10 (Ex. ECO-B-081); the 2021-22 school and child-care mask and quarantine orders of eighteen States and the District (Ex. ECO-B-029 (New Jersey Executive Order 251); Ex. ECO-B-054 (New York 10 NYCRR 2.60); Ex. ECO-B-036 (Connecticut Executive Order 13A); Ex. ECO-B-080 (Illinois Executive Order 2021-20); Ex. ECO-B-087 (Pennsylvania order of Aug. 31, 2021); Ex. ECO-B-066 (Rhode Island Executive Order 21-87); Ex. ECO-B-051 (Kentucky Executive Order 2021-585)). ↩
  25. Families First Coronavirus Response Act, Pub. L. 116-127, §§ 3102, 5102, 134 Stat. 178 (Mar. 18, 2020) (Ex. FED-170) ("An employer shall provide to each employee ... paid sick time to the extent that the employee is unable to work (or telework) due to a need for leave because: (1) The employee is subject to a Federal, State, or local quarantine or isolation order related to COVID-19 ... (5) The employee is caring for a son or daughter ... if the school or place of care ... has been closed"); Department of Labor, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826, 85 Fed. Reg. 19326 (Apr. 6, 2020) (Ex. FED-171; Ex. AGY-FED-LABOR-IMMIGRATION-001) (§ 826.20(a)(1)(i) and (v); the definition of "quarantine or isolation order" including stay-at-home orders); revised 85 Fed. Reg. 57677 (Sept. 16, 2020) (Ex. FED-172). The mandate ran April 1 to December 31, 2020. ↩
  26. New Jersey Executive Order 125 (Apr. 11, 2020; effective Apr. 13, 2020) (Ex. NJ-013; Ex. ECO-B-027) (NJ TRANSIT and private carriers at "50% of the stated maximum capacity"; face coverings); Metropolitan Transportation Authority, overnight subway closure May 6, 2020 to Feb. 22, 2021 (1:00 to 5:00 a.m.) and 2:00 to 4:00 a.m. to May 17, 2021 (Ex. MET-NYC-047; Ex. MET-NYC-048; Ex. ECO-B-097) (the MTA's chairman calling the reduced closure a "continued partial suspension"); MBTA and WMATA service reductions of Mar. 16-17, 2020 (Ex. ECO-B-098; Ex. ECO-B-099); Ex. FED-020 (criminal penalties under 18 U.S.C. §§ 3559, 3571 and 42 U.S.C. § 271); State isolation and quarantine directives with force of law, for example Michigan 2020 PA 238 (Ex. MI-057) (symptomatic, positive and exposed employees not to "report to work"); Indiana Executive Order 21-19 (Aug. 1, 2021) giving executive-order force to the IDOH Control Measures (Ex. IN-092); the Kansas KDHE quarantine list (Ex. KS-057); the Arkansas Department of Health fourteen-day close-contact quarantine directive (Ex. AR-073). ↩