Skip to content
The COVID Project

Industry 19 of 27 · The orders by layer

Staffing and Support Services

Federal, State, metro, sector regulator, standing duty and counterparty: the instruments that reached this industry, layer by layer, with exhibit links.

PLplacements at client sitesRCrecruiting, onboarding, drug…JSjanitorial and disinfection…SGsecurity at closed venuesLSlandscaping and groundsCCcall centers and BPOHRhiring, screening, training and…OPoffice, administration and…WFworkforce availabilityCBthe client base
Build the report for this industrySearch the Library for this industry

The governmental orders by layer

The orders that reached this industry came from every layer of government and every class of authority the Suspension Clause names: the President and the federal agencies that govern entry, visas, federal workplaces, federal contractors, health-care settings, nursing homes and conveyances; the governors and State health officers who closed, emptied and conditioned every customer site and classified the industry's own functions; the State occupational-safety agencies whose standards governed every workplace in their States; the State police, licensing boards and motor-vehicle agencies whose instruments governed the industry's hiring; the county and city health officers and mayors of the largest metros; the school boards; the legislatures whose standing communicable-disease, emergency and workplace-safety statutes commanded the same conduct and gave the orders their force; and the courts. This section inventories them by layer; the State and metro pages of the Library tabulate them.

The universe

Between March 1 and May 31, 2020, forty-two States and territories issued mandatory stay-at-home orders covering 2,355 of the nation's 3,233 counties.14 A national tracker records more than 20,000 State and national measures and about 8,000 county measures in the United States; a second records 2,065 State executive orders; a third, kept by the Department of Health and Human Services, records 4,218 instruments.15 On July 2, 2021, thirty-five States had emergency declarations in force and nine had statewide face-covering requirements, an airborne-transmission control imposed on indoor public settings and workplaces (eight of the nine confined to persons not fully vaccinated); on September 21, 2021, twenty-five States had emergency declarations and eleven had statewide face-covering requirements.16 The Library's own count is stated on its pages; it counts the instruments The COVID Project has retrieved and indexed, never the orders that reached any employer, and each exhibit is cited for what it says.

The federal layer

2020: the classification and the closures

The Department of Homeland Security ("DHS"), through the Cybersecurity and Infrastructure Security Agency ("CISA"), issued the Essential Critical Infrastructure Workforce guidance on March 19, 2020 (Version 1.0), March 28 (Version 2.0) and April 17, 2020 (Version 3.0); "advisory in nature" by its own terms, it acquired force through the State orders that incorporated it, and its text fixed this industry's place in every incorporating State: "janitorial/cleaning personnel" and "Security staff to maintain building access control and physical security measures" as continuity support at open sites, "landscapers" only from Version 2.0, "workers" defined in Version 3.0 to include "contractors," and "those staffing call centers" and "employment service" named there as well.17 The President proclaimed a national emergency on March 13, 2020, and the Families First Coronavirus Response Act compelled every employer under 500 employees to pay leave from April 1 to December 31, 2020 to every employee unable to work because "subject to a Federal, State, or local quarantine or isolation order" or caring for a child whose school or place of care an order had closed.18 The Department of State suspended routine visa services worldwide on March 20, 2020 and resumed them only post by post from July 15, 2020; U.S. Citizenship and Immigration Services ("USCIS") closed every field office, asylum office and Application Support Center to the public from March 18 to June 3, 2020, a closure effected and recorded by the agency's own alerts rather than by a numbered order, and its Application Support Centers are where the biometrics for every work-authorization applicant are taken.19 DHS's H-2B rule of May 14, 2020 confined every 2020 flexibility to workers "essential to the U.S. food supply chain," and Proclamation 10052 (June 22, 2020; effective June 24) suspended "the entry into the United States of any alien seeking entry pursuant to ... an H-1B or H-2B visa" through December 31, 2020, excepting only labor "essential to the United States food supply chain"; Proclamation 10131 (December 31, 2020) carried the suspension to March 31, 2021, and Proclamation 10149 (February 24, 2021) revoked only the immigrant provisions, so that the H-2B suspension expired by its own terms on March 31, 2021.20 The Office of Management and Budget ("OMB") directed every agency on March 17, 2020 to "[m]aximize telework across the nation for the Federal workforce" and to "[a]ssess professional services and labor contracts to extend telework flexibilities to contract workers wherever feasible," and kept that posture through 2020, so that the federal buildings this industry cleans, guards and staffs ran at minimal occupancy for the year.21 The Department of Defense restricted personnel movement and installation access from March 2020 under a conditions-based regime that its memorandum of March 15, 2021 continued "until further notice" (Ex. FED-280), and recorded in April 2020 that its contractors were "struggling to maintain a mission-ready workforce."22 The Centers for Medicare and Medicaid Services ("CMS") ordered every nursing home from September 2, 2020 to test "residents and facility staff, including individuals providing services under arrangement and volunteers," which reaches every agency nurse, aide, dietary worker and housekeeper placed in a nursing home.23

2021: the first and second quarters

Executive Order 13991 (January 20, 2021) imposed workplace infection-prevention and exposure-control requirements, face coverings and physical distancing, on federal employees, "on-site Federal contractors; and all persons in Federal buildings"; OMB Memorandum M-21-15 provided that "No Federal workplace should operate above 25% of normal occupancy standards" until June 10, 2021, and its infection-prevention provisions (face coverings, distancing, visitors minimized) continued.24 The CDC's conveyance order, an airborne-transmission control on every conveyance and transportation hub, required face coverings from February 1, 2021, enforced by TSA security directives that required operators to refuse boarding and remove violators, "including those already vaccinated"; the order reached every transit commute of every hourly worker in the industry and every airport and transit post its guards and cleaners staffed.25 Proclamations 10143 and 10199 continued and added to the entry suspensions; the DHS land-border notices prohibited non-essential travel from Canada and Mexico on every day.26 CMS required every nursing home from May 21, 2021 to educate and offer vaccination to "all regular on-site staff and contractors" and to report; its visitation memorandum as revised April 27, 2021 required screening of all who enter and "denial of entry" of exposed or symptomatic entrants "regardless of the visitor's vaccination status."27 DHS and the Department of Labor ("DOL") published the FY2021 H-2B supplemental rule on May 25, 2021: 22,000 visas, 16,000 of them limited to returning workers, available through September 30, 2021 on an attestation of irreparable harm.28 OSHA published the COVID-19 Healthcare Emergency Temporary Standard on June 21, 2021.29

2021: the third quarter

The quarters section states the quarter in full. The Healthcare ETS bound "all settings where any employee provides healthcare services or healthcare support services," defined "healthcare support services" to include "housekeeping services," "patient food services," "equipment and facility maintenance" and "healthcare laundry services," and required a written COVID-19 plan, screening, personal protective equipment ("PPE"), distancing, barriers, cleaning, ventilation, paid medical removal and paid vaccination leave, with compliance from July 6 and July 21, 2021.30 OSHA's revised National Emphasis Program of July 7, 2021 named "Temporary Help Services NAICS 561320" among its targeted industries.31 The Safer Federal Workforce Task Force's Model Safety Principles of July 29, 2021 required every on-site contractor to attest to vaccination status or to mask, distance and test, and its Certification of Vaccination form issued August 6, 2021; Executive Order 14042 (September 9, 2021) required every covered contract to carry a clause requiring compliance with the Task Force's guidance, which on September 24, 2021 defined "covered contractor employee" to include employees "who are not themselves working on or in connection with a covered contract" and fixed December 8, 2021 as the vaccination date; OMB's determination of September 28, 2021 recited that the order "will improve economy and efficiency by reducing absenteeism and decreasing labor costs."32 The conveyance order, the TSA directives, the entry proclamations, the land-border notices, the Title 42 order and the inbound-testing order were in force every day; the CMS testing, vaccination-offering and visitation rules governed every nursing home; and the H-2B rule governed the season's labor to September 30, 2021.33

The fifty States

The industry's regime

In every State the industry's customer sites were reached first by the March 2020 closure or stay-at-home order, which in most States carried an express telework command for every business and, in the States that wrote their own lists, a classification of this industry's functions; then by reopening orders that capped customer-site occupancy, imposed workplace infection-prevention and exposure-control requirements (screening, distancing, face coverings and written plans) and continued the telework command; then, across the Northeast, Midwest and West, by a winter re-tightening; and then by a stepped expiry between March 10 and June 30, 2021, with New Mexico on July 1. The State pages of this site carry every jurisdiction with dates and exhibit identifiers; this section states the pattern and the lead instruments by region.

The Northeast

New York ordered every business on March 20, 2020 to "utilize, to the maximum extent possible, any telecommuting or work from home procedures" and every non-essential employer to "reduce the in-person workforce at any work locations by 100%" from 8 p.m. March 22; the Empire State Development guidance of March 20, 2020, as updated March 27, 2020, named "building cleaning and maintenance," "security" and "building cleaners or janitors" and did not name landscaping; Executive Order 202.11 extended every Department of State license, including security guards', because the licensing offices were closed; offices reopened at "no more than 50% of the maximum occupancy" and stayed there to May 19, 2021; and the HERO Act's exposure-prevention plans became mandatory on August 5, 2021 and were activated on September 6, 2021.34 New Jersey's Executive Order 107 required every business from March 21, 2020 to "accommodate their workforce, wherever practicable, for telework" and to "reduce staff on site to the minimal number necessary," naming "janitorial and custodial staff" among those who could remain; Executive Order 122 halted non-essential construction from April 10, 2020 and imposed eleven workplace rules on every manufacturer, warehouse and essential retailer; Executive Order 192 made a workplace infection-prevention and exposure-control regime (screening, face coverings, distancing and cleaning) mandatory in every workplace from November 5, 2020; the telework command ran to June 4, 2021, and the worksite rules for unvaccinated or unverified employees continued after it.35 Pennsylvania closed every business "not life sustaining" from March 19, 2020 under a list that marked "Employment Services No," "Business Support Services No" and "Office Administrative Services No" while marking security and building services "Yes"; its Worker Safety Order of April 15, 2020 imposed workplace infection-prevention and exposure-control commands (cleaning, face coverings, distancing and staggered shifts) on every business maintaining in-person operations; its Targeted Mitigation order of July 15, 2020 required telework "[u]nless not possible" and its order of November 23, 2020 required it "[u]nless impossible," to April 4, 2021; its Department of Human Services recorded that "as of April 29, 2020 more than half of the [fingerprint] locations across the state are closed," and the General Assembly extended the FBI-check deadline to December 31, 2020 by Act 18 of 2020.36 Massachusetts closed every non-essential workplace "to workers, customers, and the public" from noon March 24, 2020 under a list that adopted the CISA Version 2.0 text with "landscapers, inspectors" added and named "Security staff," "janitorial staff" and "911 call center employees"; Nantucket limited landscaping by its stay-at-home order of March 22, 2020 and, by its Supplemental Emergency Order of March 30, 2020, reaffirmed that "all commercial landscaping work is prohibited"; offices reopened at twenty-five and fifty percent, fell to twenty-five percent from December 26, 2020 and forty percent from February 8, 2021, and were freed May 29, 2021.37 Connecticut's Executive Order 7H required every business to "employ, to the maximum extent possible, any telecommuting or work from home procedures" and every business outside the essential list to "reduce their in-person workforces at any workplace locations by 100%" from March 23, 2020, while its list named "pest control and landscaping"; offices ran at fifty percent from May 20, 2020 to May 20, 2021.38 Rhode Island ordered on March 23, 2020 that "All business service personnel that can work from home are required to do so," compelled telework again from November 30, 2020, and lifted its caps May 21, 2021; Vermont suspended every non-critical in-person operation from March 25, 2020 and let "micro-crews" of "no more than two (2) persons per location/job" resume outdoor work from April 20, 2020, then five from April 27 and ten from May 4; New Hampshire closed non-essential workplaces from March 27 to June 16, 2020 and required employers to "[a]llow Employees to work from home as much as practical" to May 7, 2021; Maine closed non-essential businesses March 25, 2020 and required that employers "continue to have their employees work remotely" from May 31, 2020 to June 30, 2021; Delaware closed "customer service call centers and telemarketing operations" by name and named "temporary employment placement" as essential from March 24, 2020, and required that "[t]eleworking must be maximized."39

The South

The District of Columbia ordered every business outside the essential list to "cease all activities at those facilities" and every business to "take all reasonable steps necessary for employees to work remotely" from March 25, 2020, required telework again from December 23, 2020 to January 22, 2021, and from July 31, 2021 reimposed universal indoor face coverings, an airborne-transmission control on every indoor workplace and public setting in the District.40 Maryland closed every business outside the essential list from 5:00 p.m. March 23, 2020, and its Office of Legal Counsel's interpretive guidance named "exterminators, arborists, and landscapers," "Janitorial firms" and, as "Supporting Firms," "Staffing and/or payroll services" provided "to any other business, organization, or facility included in the federal critical infrastructure sectors"; its residual orders ran to August 15, 2021 and its health-care-worker vaccination-or-testing order of August 18, 2021 required proof of a first dose by September 1, 2021.41 Virginia's Executive Order 55 confined residents to their homes from March 30 to June 10, 2020, and its Safety and Health Codes Board adopted the first general workplace COVID-19 standard with force of law, 16VAC25-220, effective July 27, 2020, made permanent January 27, 2021 and amended September 8, 2021, binding "every employer, employee, and place of employment" in the Commonwealth, staffing agencies and host employers alike.42 Georgia's shelter order of April 2, 2020 treated "landscape businesses" as Minimum Basic Operations; its Public Health State of Emergency expired at 12:00 a.m. July 1, 2021 and its Economic Recovery State of Emergency ran from June 30, 2021 (Ex. GA-041); its order of August 19, 2021 (Ex. GA-043) suspended every local COVID-19 ordinance and, in the same breath, directed every Organization continuing in-person operations to "implement measures which mitigate the exposure and spread of COVID-19 among its workforce and patrons," enforceable as a misdemeanor under O.C.G.A. § 38-3-7.43 Texas closed every non-essential service from April 2, 2020 under GA-14's incorporation of the CISA list "version 2.0," placed every workplace and indoor public space under a face-covering requirement, an airborne-transmission control, from July 3, 2020 to March 10, 2021, ended its business rules by GA-34 on March 10, 2021 and barred local mandates by GA-36 (May 18, 2021) and GA-38 (July 29, 2021); its disaster declaration was renewed every thirty days through the third quarter of 2021.44 Florida's Safer at Home order ran April 3 to May 4, 2020, its statewide caps ended September 25, 2020, its counties' orders were the operative layer to May 3, 2021, and the State suspended and then voided them.45 Louisiana's stay-at-home order ran March 23 to May 15, 2020, its phases to late May 2021, and its statewide indoor face-covering mandate, an airborne-transmission control on every indoor workplace and public setting, from August 4, 2021.46 Kentucky's Healthy at Home order of March 26, 2020 closed every non-life-sustaining business and required "telecommuting and remote work to the fullest extent possible"; its winter order held offices to thirty-three percent; its orders ended June 11, 2021; its residual face-covering requirements for health care, long-term care and transit (Executive Order 2021-386 ¶ 4) and its school face-covering order (Executive Order 2021-585, issued August 10, 2021), infection-prevention controls on those settings, ran to September 7, 2021, when the General Assembly's House Joint Resolution 1 terminated them while extending the state of emergency and the orders it listed to January 15, 2022.47 North Carolina's Stay at Home order ran March 30 to May 8, 2020, its Modified Stay at Home from December 11, 2020 to February 26, 2021, and its restrictions to May 14, 2021, with Executive Order 224 and its Cabinet-agency infection-prevention regime (face coverings and vaccination or testing) in the third quarter of 2021.48 Alabama's Stay at Home order ran April 4 to April 30, 2020, its employer duties to April 9, 2021 and its Safer Apart Order to May 31, 2021; Mississippi's shelter-in-place order ran April 3 to April 27, 2020 and its Executive Order 1474 extended every security-guard permit expiring between March 14 and June 30, 2020 to August 3, 2020 because the Driver Service Bureau ran "limited services"; Tennessee's stay-at-home order ran April 2 to April 30, 2020 and its county health departments issued their own orders through the third quarter of 2021; Arkansas, South Carolina, Oklahoma and West Virginia closed sectors and directed remote work in March and April 2020 on the dates their State pages record.49

The Midwest

Illinois's Executive Order 2020-10 confined residents from March 21, 2020 and named "cleaning and janitorial staff for commercial and governmental properties, security staff" among the "Critical trades" permitted to work; its Tier 3 rules of November 20, 2020 held offices to fifty percent; its Phase 5 came June 11, 2021; and Executive Order 2021-20 reimposed statewide indoor face coverings from August 30, 2021, one of the infection-prevention and exposure-control requirements of an order that also compelled vaccination or testing of health-care and school personnel, and defined "Health Care Worker" to include any person "employed by an entity that is contracted to provide services to a Health Care Facility."50 Ohio's Director's Stay at Home Order of March 22, 2020 named "cleaning and janitorial staff for commercial and governmental properties, security staff" and directed every business to "[a]llow as many employees as possible to work from home"; its orders ran to June 2, 2021.51 Michigan barred in-person work "not necessary to sustain or protect life" from March 24, 2020, kept landscaping barred to April 24, 2020 and conditional after, ordered on June 1, 2020 that "[a]ny work that is capable of being performed remotely ... must be performed remotely," carried the command into MIOSHA's emergency rules from October 14, 2020 to May 24, 2021 as "a policy prohibiting in-person work for employees to the extent that their work activities can feasibly be completed remotely," and rescinded its orders June 22, 2021.52 Indiana's stay-at-home order ran March 24 to May 1, 2020, with landscaping clarified as permitted outdoor activity from April 20, 2020; its general business directives ended June 30, 2021 under Executive Order 21-15, and Executive Order 21-17 and its successors continued limited health-care, vaccination and quarantine provisions through the third quarter of 2021.53 Minnesota's Executive Order 20-20 sent every non-critical worker home from March 27, 2020, its Executive Order 20-23 the same day authorized licensure "without submission by the applicant of a full set of fingerprints," and its Executive Orders 20-56 and 20-99 continued the rule that "[w]orkers who can work from home must continue to do so" to April 14, 2021, with all restrictions ending May 28, 2021.54 Wisconsin's Safer at Home ran March 25 to May 13, 2020, when the State Supreme Court struck the statewide order; Milwaukee and Dane County re-imposed the regime locally the next day and carried it to June 1 and June 2, 2021.55 Missouri's statewide order ran April 6 to May 3, 2020 and its St. Louis and Kansas City orders from March 23-24, 2020 to May 2021, with the St. Louis FAQ naming "landscaping, private security" among essential functions; Kansas's stay-home order ran March 30 to May 3, 2020 and its adult-care-home testing order of June 18, 2021 reached "staffing agencies, therapists and vendors who enter facilities"; Iowa required remote work from November 11, 2020 to February 6, 2021; Nebraska's directed health measures ran to May 24, 2021; North Dakota's Executive Order 2020-20 suspended criminal-history checks "until such time as law enforcement agencies in North Dakota have the ability to safely conduct fingerprinting" from April 3, 2020 to April 30, 2021; South Dakota's Executive Order 2020-12 ran April 6 to April 28, 2020 and its vulnerable-persons orders 2020-13 and 2020-18 to May 11, 2020.56

The West

California's stay-at-home order of March 19, 2020 closed every non-critical office; the July 13, 2020 rollback closed non-critical offices again in the monitoring-list counties; the Blueprint of August 31, 2020 kept offices "Remote" in the Purple and Red tiers to June 15, 2021; the Regional Stay at Home Order ran December 5, 2020 to January 25, 2021; Cal/OSHA's standard bound every workplace from November 30, 2020 and, as readopted June 17, 2021, through the third quarter of 2021; and the State Public Health Officer's orders of July 26, August 5 and August 11, 2021 required vaccination or testing of every worker, "including ... contractors," in health-care, congregate and school settings.57 Washington's Proclamation 20-25 closed every non-essential workplace from March 25, 2020 under a list that omitted landscaping until Proclamation 20-25.3 named "Landscaping and lawn care" among the Phase I activities permitted from May 4, 2020 "when participants are able to fully comply with the industry-specific requirements"; its "Professional Services are required to mandate that employees work from home when possible" rule and twenty-five percent office cap ran from November 17, 2020; its framework ended June 30, 2021; WAC 296-800-14035 made the Governor's requirements workplace law from May 26, 2020 through the quarter; and Proclamations 21-14 (August 9, 2021) and 21-14.1 (August 20, 2021) required "on-site independent contractors, volunteers, goods and services providers" of State agencies, and every worker in educational and health-care settings, to be vaccinated by October 18, 2021.58 Oregon's Executive Order 20-12 provided from March 23, 2020 that "Work in offices is prohibited whenever telework and work-at-home options are available," a rule carried through the county tier framework, applied in the counties at the framework's highest tier and last applied in any county on May 6, 2021, under a framework that ran to June 30, 2021 (Ex. OR-035; Ex. OR-043); Oregon OSHA's temporary rule of November 16, 2020 became permanent May 4, 2021 and by Administrative Order 10-2021 renewed the face-covering requirement of that rule from August 13, 2021, one of its occupational-health and airborne-transmission controls; and Executive Order 21-29 (August 13, 2021) required vaccination by October 18, 2021 of every "Worker," defined to include contractor personnel "required to work in person and on site at an Executive Branch worksite."59 New Mexico ordered on March 23, 2020 that "All call centers situated in New Mexico are directed to reduce their in-person workforce by 100%," held offices to twenty-five percent from May 16, 2020, ran its Red-to-Green framework from December 2, 2020 to June 30, 2021, and on August 17, 2021 reimposed indoor face coverings, an airborne-transmission control on every indoor public space and workplace, and required vaccination of hospital, congregate-care and school workers including "contractual staff not employed by the hospital."60 Nevada's Directive 010 confined residents from April 1, 2020 until Directive 018 converted the command to a recommendation on May 9, 2020, the Directive itself running to May 15, 2020 (Ex. NV-012); its Statewide Pause cut every business to twenty-five percent from November 24, 2020 to February 15, 2021, its general restrictions ended June 1, 2021, and Directive 047 (July 27, 2021; effective July 30) reimposed universal indoor face coverings, an airborne-transmission control on every indoor public setting, in every county of substantial or high transmission, Clark and Washoe throughout.61 Colorado's stay-at-home order ran March 26 to April 26, 2020 and its Safer at Home order required telework "to the greatest extent possible" from April 27, 2020; offices fell to ten percent under Level Red from November 20, 2020; the State dial expired April 16, 2021 and its counties issued their own dial orders to August 15 and 16 and September 15, 2021; the Board of Health's health-care-worker vaccination rule issued August 30, 2021 (Ex. CO-055).62 Arizona's stay-at-home order ran March 31 to May 15, 2020 and its telework policy requirement to March 25, 2021; Utah's counties issued mandatory stay-at-home orders from March 27, 2020 while the State's directive was advisory; Hawaii's Stay at Home / Work from Home proclamation ran from March 25, 2020 and, as extended, to May 31, 2020, and its county orders, traveler quarantine and statewide face-covering mandate, the airborne-transmission control the State kept in force throughout, ran through the third quarter of 2021; Idaho's order of March 25, 2020 named "plumbers, electricians, landscapers"; Montana's stay-at-home directive ran March 28 to April 26, 2020 and its directive of May 7, 2020 authorized name-based background checks "where fingerprinting services are unavailable"; Alaska's Health Mandate 011 ran March 28 to April 24, 2020; Wyoming's Public Health Orders ran from March 19, 2020, their business closure and capacity provisions ended March 16, 2021, and Orders #1 and #2 continued in modified form to May 31, 2021 (Ex. WY-004; Ex. WY-050; Ex. WY-058).63

The winter re-tightening and the 2021 transition

Between October 14 and December 26, 2020, seventeen jurisdictions re-closed or re-capped this industry's customer sites and offices: California, Colorado, Illinois, Iowa, Kentucky, Massachusetts, Michigan (MIOSHA Rule 5(8), October 14), Minnesota, Nevada, New Mexico, Oregon, Pennsylvania, Rhode Island, Texas (GA-32's automatic fifty-percent rollback in eighteen Trauma Service Areas), Vermont, Washington and the District of Columbia.64 The re-tightening expired in steps from Iowa on February 6, 2021 through Texas (March 10), Pennsylvania (April 4), Minnesota (April 14), Colorado (April 16), Michigan (May 24), the northeastern States (May 19 to June 11), California (June 15), Oregon, Washington and Maine (June 30) and New Mexico (July 1, 2021).65 Where a State preempted local orders in 2021 (Texas by GA-34, GA-36 and GA-38; Florida by Executive Order 21-102 and Senate Bill 2006; Georgia; Arizona; Indiana by SEA 5's ratification requirement; Missouri by RSMo § 67.265's thirty-day rule; Utah by HB 294 and SB 195; Kansas by SB 40), the proof for this industry in the second and third quarters of 2021 rests on the federal layer (the Healthcare ETS at health-care customer sites; the Task Force rules and Executive Order 14042 at federal sites; the conveyance order on every commute; the H-2B rule), on the State emergencies, court orders and school orders that survived, on the contested local orders for the days they ran, and, for the multi-State employer, on its customer sites in the States whose orders continued.66

The largest metros

The local instruments

The face-covering orders named in this section and the next were workplace infection-prevention and exposure-control requirements enforced against the operator of the premises, the persons on them, or both; where an instrument placed the duty on the operator of the premises, making it responsible for the compliance of employees and entrants, or also compelled screening, distancing, capacity limits, posting or testing, the text says so, and where it required face coverings alone it is described as one of the airborne-transmission controls imposed on every indoor workplace and public setting. New York City required telework and a one-hundred-percent reduction of in-person workforces from March 20 and 25, 2020, suspended non-essential construction, and from August 17, 2021 forbade any covered entity to "permit a patron, full- or part-time employee, intern, volunteer, or contractor to enter a covered premises without displaying proof of vaccination," defining "Contractor" as "the owner and/or employees of any business that a covered entity has hired to perform work within a covered premise," with enforcement from September 13, 2021.67 Los Angeles County ordered non-essential offices to "cease in-person operations until further notice" on December 30, 2020, reimposed indoor face coverings by order of July 16, 2021, effective July 17, and required health-care-worker vaccination from August 12, 2021; the City of Los Angeles enacted right-of-recall and worker-retention ordinances for commercial-property service workers on a legislative finding that "Stay-At-Home Orders have severely impacted Commercial Property services."68 Chicago's Public Health Order 2020-1 and Cook County's telework order of December 11, 2020 reached every office; Chicago placed every business under an indoor face-covering requirement from August 20, 2021 and Cook County from August 23.69 Dallas County's stay-home order of March 2020 and its Rules for Manufacturers and Distributors conditioned every plant a staffing agency supplied, and its order of August 11, 2021 required every commercial entity to adopt a Health and Safety Policy with universal indoor face coverings on pain of a $1,000 fine; Harris County's Stay Home, Work Safe order and its business-policy mandate reached Houston's customer sites, and the Harris County school order of August 12, 2021 reached every school placement.70

The Washington metro's county orders and Montgomery County's indoor face-covering regulation of August 2021, Philadelphia's bar on non-essential activity from 5:00 p.m. March 16, 2020, its remote-office rules under which "[r]educed efficiency ... does not constitute impossibility," its indoor face-covering order of August 12, 2021 and its City-contractor vaccination notice of September 14, 2021, Atlanta's stay-home order and DeKalb County's telework directive, Maricopa County's face-covering regulation of June 2020 and Boston's orders, including the vaccination-or-testing policy for City employees and onsite contractors it announced August 16, 2021 and phased in from September 20, reached their metros.71 San Francisco's shelter-in-place order of March 16, 2020, the first in the nation, ordered every business outside the essential list to "cease all activities at facilities," its order of March 31, 2020 required every permitted business to "prepare, post, and implement a Social Distancing Protocol at each of their facilities," the eight Bay Area health officers ordered universal indoor face coverings from August 3, 2021, and San Francisco required proof of vaccination for indoor dining, bars, gyms and large events from August 20, 2021 and of their personnel by October 13, 2021.72 Detroit's twenty-five-page Emergency Order of October 9, 2020 imposed daily entry screening on "employees, contractors and suppliers" at every construction and manufacturing site and required remote work for laboratory and office functions; Wayne County's order of October 16, 2020 made the MIOSHA remote-work rule a county health order; the Oakland and Wayne County health officers' screening orders of March 24-26, 2020 excluded every worker at every open business for seven to fourteen days on symptoms, contact or travel; and the county school face-covering orders of August 24 and 27, 2021, infection-prevention regimes on every school building, reached every custodial, security and substitute placement.73

Seattle's and King County's orders (the local health officer's closure of March 16, 2020 that conditioned every retailer on daily employee screening; Everett's stay-home directive of March 20, 2020; the King County face-covering orders of September 7, 2021; Seattle's Mayoral Directive 9 of August 9, 2021), Minneapolis's Emergency Regulations (the closure regulation of March 16, 2020; the face-covering regulation on "[a]ll employers of businesses that are spaces of public accommodation" from May 26, 2020 to June 1, 2021; the City-employee testing and proof-of-vaccination regulation of September 2021; the University of Minnesota's protocol of August 2, 2021 requiring face coverings of "contractors, service providers, vendors, and suppliers" on every campus), San Diego County's orders (the stay-home order of April 9, 2020 that closed every business outside the essential list "for the duration of this Order" and its isolation and quarantine orders that removed every case and unvaccinated close contact from every workplace through the third quarter of 2021), Denver's orders (the stay-at-home order of March 23, 2020; the vaccination order of August 2, 2021 reaching the "onsite contractors" of hospitals, care facilities, schools, shelters and correctional facilities by September 30, 2021; Boulder County's universal indoor face-covering order of September 3, 2021) and St. Louis's orders (the City's stay-home orders of March 21 and April 16, 2020; the County's Safer At Home Order of November 17, 2020; the City's face-covering order of July 26, 2021) reached theirs.74 Las Vegas's Clark County Code 3.04.065 (April 21, 2020) made every emergency directive of the Governor, Board, Sheriff or County Manager punishable by license suspension, a $1,000-per-day penalty and a misdemeanor in every quarter, and the County's emergency measure of July 20, 2021 required face coverings of every employee of every indoor public-facing business from July 22; New Orleans closed bars, gyms, malls, venues and dining rooms on March 17, 2020, directed every non-essential employer on March 20 to "take all steps reasonably necessary for employees to work remotely from home," made every Health Department guideline a Mayoral emergency order from May 15, 2020, reimposed indoor face coverings July 31, 2021, required proof of vaccination or a negative test for entry to every restaurant, bar, gym, event space and casino from August 16, 2021, and ordered every public-facing employee of every City contractor vaccinated or tested from August 30, 2021, while Jefferson Parish's face-covering mandate of July 1, 2020 ran the $500 fine and six months' confinement against "any person or representative of any firm, partnership, or corporation who allows any individual to enter or remain indoors" unmasked; Honolulu's Stay at Home / Work from Home orders ran March 23 to May 2020 and again August 27 to September 23, 2020, its tier system with capacity caps ran through the third quarter of 2021, and its Safe Access O'ahu order required proof of vaccination or a negative test of the "patrons, employees, and contractors" of restaurants, bars, gyms and indoor attractions from September 13, 2021.75

The other metros

Baltimore City's Health Commissioner required face coverings in every indoor location other than a private home from August 10, 2021, expressly including work "in any area where ... interaction with others is likely, including ... shared areas of commercial offices," under a misdemeanor; Nashville's, Knox County's and Shelby County's health orders closed every business outside the essential list in March 2020 and Shelby County's Health Directive No. 16 ordered "[a]ll businesses except those listed below" to "close their physical locations to the public" from December 26, 2020 to January 22, 2021 and provided that "[e]mployers shall not allow any employee to come to a workplace if the employee has any symptoms"; Cincinnati's Ordinance 0246-2020 required every place of business to make its public-facing employees wear face coverings from July 9, 2020 to May 17, 2021; Cleveland's Ordinance 556-2020 imposed face-covering, seating and sanitization duties, a workplace exposure-control regime, on every business under civil penalties and summary abatement, and Cuyahoga County's building orders and the Common Pleas court's orders of August 2021 conditioned entry and court appointments on face coverings, screening and vaccination; Mecklenburg County's stay-at-home order of March 24, 2020 ordered that "Non-essential business and operations must cease" under a Class 2 misdemeanor and its Board of Health Rule of August 2021 ordered that "All businesses, establishments, and public places must require that all persons wear Face Coverings when indoors on their premises"; Columbus's Ordinance 1643-2020 required every place of business to make its employees, "contractors and volunteers" wear face coverings from July 7, 2020 to June 8, 2021, and its Executive Order 2021-01 of September 10, 2021 imposed face coverings in every place of business and every manufacturing, construction and agricultural workplace by NAICS code; Marion County's public health orders governed every Indianapolis customer site to July 1, 2021 with workplace rules that "must adhere to CDC and OSHA guidelines"; Jackson County's stay-at-home order of March 22, 2020 directed "all businesses and governmental agencies to cease non-essential operations at physical locations" under a class A misdemeanor and Kansas City's Ordinance 210694 of August 19, 2021 required face coverings of every individual in an indoor place of public accommodation "while performing an activity involving close contact or proximity to co-workers or the public."76

Milwaukee's stay-at-home order of March 25, 2020 ordered every business outside the essential list to "cease all activities at facilities," Dane County re-imposed the statewide order locally the day after the State Supreme Court struck it and reimposed universal indoor face coverings from August 19, 2021; Orange County (Orlando) ordered every business outside the essential list closed on March 24, 2020 and, from December 6, 2020, required every business with on-site operations to keep persons six feet apart and to require face coverings of employees and customers, an exposure-control regime enforced by $500 citations and fines to $15,000, and declared a new emergency July 28, 2021; Allegheny County's health officer closed every bar, restaurant and casino to in-person operation in July 2020 and Pittsburgh re-imposed an eighty-hour COVID-19 sick-time mandate on every employer of fifty or more on July 27, 2021; Riverside County's order of April 4, 2020 required face coverings of "all persons, including Essential Workers," ordered every permitted business to "make every effort to use telecommuting" and confined every hotel and rental to COVID-19 uses, and San Bernardino County's order of June 15, 2021 bound every licensed entity's "staff, vendors and contractors" through 2021; Sacramento County's stay-at-home orders of March 19 and April 7, 2020 ceased every non-essential operation at physical locations, its summary isolation and quarantine orders removed every infected and exposed worker from every workplace from July 28, 2020 through the third quarter of 2021, and its order of July 29, 2021 required face coverings in "all indoor public settings, venues, gatherings, and workplaces" and declared that it "takes precedence over the more permissive ETS regarding employee face coverings"; Bexar County's Stay Home, Work Safe order of March 23, 2020 provided that "[a]ll businesses ... except Exempted Businesses are required to stop operations and close" and its NW-10 of June 17, 2020 required every commercial entity serving the public to adopt and post a Health and Safety Policy, a posting duty that ran through NW-21 of August 10, 2021; Louisville required face coverings in every Metro building and vehicle from August 2, 2021 and Lexington's government buildings were closed to walk-in business from March 23, 2020 to June 11, 2021 while the Fayette County Clerk, through which every vehicle transfer and deed passes, was closed to the public from March 17, 2020 to April 12, 2021; Salt Lake County's Order 2020-03 of March 29, 2020 required every business to "use technology to avoid meeting in person" and closed every gym, theater, salon and dining room under Class B and Class A misdemeanors, Summit County's Joint Order 2020-03 confined every resident and reduced every business outside the essential list to "Minimum Basic Operations," and Salt Lake City's Executive Order 3 of July 28, 2021 required face coverings of every employee and visitor in City buildings; Hillsborough County's Safer-At-Home Order of March 27, 2020 directed "all residents ... to stay at home as much as possible twenty-four hours a day, seven days a week," its and Pinellas and Pasco Counties' face-covering orders required business operators to "deny admittance" to non-complying customers from June 2020 to May 3, 2021, and Tampa ordered its 4,200-employee workforce vaccinated or tested weekly and masked daily on September 7, 2021.77

The sector regulators

The State occupational-safety agencies

Virginia's 16VAC25-220 (emergency July 27, 2020; permanent January 27, 2021; amended September 8, 2021) required hazard assessment, exposure classification, employee notification, return-to-work rules, PPE, distancing and cleaning and disinfection of "every employer, employee, and place of employment," enforced by citation and civil penalty; MIOSHA's emergency rules (October 14, 2020 to June 22, 2021) required every Michigan employer to adopt "a policy prohibiting in-person work for employees to the extent that their work activities can feasibly be completed remotely" and screened "employees or contractors"; Cal/OSHA's 8 CCR 3205 (November 30, 2020; readopted June 17, 2021) required a written prevention program, exclusion of exposed employees with pay, testing, notification, cleaning and face coverings of every California employer; Oregon OSHA's OAR 437-001-0744 (November 16, 2020; permanent May 4, 2021; AO 10-2021 renewing face coverings August 13, 2021) did the same in Oregon; Washington's Department of Labor and Industries made the Governor's requirements workplace law by WAC 296-800-14035 from May 26, 2020 and readopted it July 6, August 23 and September 20, 2021; Nevada OSHA enforced the Governor's directives against every workplace as occupational-safety violations; and New York's Department of Labor published the HERO Act standard on July 6, 2021, requiring every private employer to adopt an airborne infectious disease exposure prevention plan by August 5, 2021, which the Commissioner of Health activated on September 6, 2021 and continued September 30.78 Each standard bound the staffing agency and the host employer alike, because each reaches the place of employment and the employees in it, whoever pays them.

The licensing, fingerprinting and motor-vehicle instruments

North Dakota's Executive Order 2020-20 (April 3, 2020 to April 30, 2021), Minnesota's Executive Order 20-23 (March 27, 2020 to May 27, 2021), Montana's directive of May 7, 2020 and Pennsylvania's Act 18 of 2020 suspended or modified fingerprint-based checks because the State police and vendor sites at which fingerprints are taken were closed or limited; Mississippi's Executive Order 1474 and New York's Executive Order 202.11 extended security-guard permits and licenses because the offices that issue them were closed; the Department of Transportation's drug-and-alcohol testing guidance and the FMCSA's waivers recorded that collection sites were closed or limited (described by category only).79 Motor-vehicle offices and county clerks closed their counters or went appointment-only in March 2020; the Fayette County Clerk, for example, through which every vehicle transfer and deed in that county passes, was closed to the public from March 17, 2020 and resumed in-person transactions only on April 12, 2021.80

The federal and State health regulators

CMS's nursing-home testing rule reached "individuals providing services under arrangement" from September 2, 2020; its vaccination-offering rule reached "all regular on-site staff and contractors" from May 21, 2021; its visitation memorandum barred exposed and symptomatic entrants regardless of vaccination status; the Healthcare ETS reached every "healthcare support service" from June 21, 2021; and the State health-care-worker mandates of August and September 2021 in New York, New Jersey, California, Illinois, Washington, Oregon, Connecticut, Massachusetts, Maryland, Rhode Island, Maine, Delaware, New Mexico, Colorado and the District of Columbia defined their covered workers to include contract staff, contractors and persons providing custodial or administrative services, on the compliance dates the quarters section records.81 Kansas's Executive Order 20-69 (December 9, 2020) and the Kansas Department of Health and Environment ("KDHE") Secretary's order of June 18, 2021 required testing of adult-care-home staff, reaching the staffing agencies, therapists and vendors who enter facilities.82

The federal labor and immigration agencies

The Department of State (consular suspension March 20 to July 15, 2020; post-by-post operations after), the Department of Homeland Security (the H-2B rules of May 14, 2020 and May 25, 2021; the USCIS office closures, recorded in the agency's alerts; the Form I-9 physical-inspection deferral announced March 20, 2020, cited as context for the onboarding conditions of the period and not as an order) and the Department of Labor (the H-2B labor certifications; the FFCRA rule; the unemployment supplements) governed the industry's seasonal and foreign labor and its onboarding paperwork; the National Labor Relations Board suspended representation elections from March 19 to April 3, 2020 and closed its offices to the public.83 The industry's own regulators are named above for the instruments they issued: the State police, boards and departments that license security companies and guards and that register temporary-help and day-labor agencies, whose permit extensions and fingerprint suspensions are exhibits here. The balance of the industry is reached by the regulators of its customers and its inputs, and the statute asks nothing more.

The counterparties

Customers, venues, schools, transit and courts

The orders that reached the industry's customers are catalogued on this site's other industry pages and summarized in the counterparty map in the operations section. Three classes of counterparty order are relied on here in their own right. The school orders: the closures of March 2020 through the 2019-20 year; the remote and hybrid year of 2020-21 (the Clark County School District opened in full distance education from August 24, 2020; Marion County put every middle and high school of 400 or more students online or hybrid; Sacramento County ordered every TK-12 school closed for in-person instruction on August 20, 2020; New Mexico, California and others); and the 2021-22 infection-prevention, testing and staff-vaccination orders, face coverings among them (Pennsylvania's order of August 31, 2021; Kentucky's Executive Order 2021-585 of August 10; New Jersey's Executive Orders 251 and 253; California's order of August 11; Washington's Proclamation 21-14.1; Illinois's Executive Order 2021-20; the Massachusetts Department of Elementary and Secondary Education's ("DESE") order of August 25; New York's 10 NYCRR 2.62; the county orders of Oakland, Wayne, Jefferson (Colorado), Tri-County, Boulder, Denver, Johnson (Kansas), Salt Lake City, Summit and Shelby) that governed every custodial, security and substitute placement at a school and the children of the industry's workforce.84 The transit orders: the service cuts, rider caps, rear-door boarding and face-covering rules of every metro transit agency in 2020 (King County Metro, SMART, Metro Transit, RTD, Bi-State, MCTS, TARC, VIA, COTA, SacRT, UTA, HART, IndyGo, MDOT MTA and the others), and the federal conveyance order and TSA directives from February 1, 2021.85 The court and public-office orders: the closures and access limits of every State and federal courthouse, county building and clerk's office in which guards are posted, buildings are cleaned and fingerprints and licenses are processed, from March 2020 through the third quarter of 2021.86

The interconnected economy

The mechanisms

Six mechanisms carried orders addressed to others into this industry's operation, each an order in its own right. Supply chain and borders: the consular suspension, the H-2B rules, the entry proclamations, the land-border notices and the Title 42 order closed the cross-border movement of the industry's seasonal labor and of the plant material, equipment and uniforms it buys, and the Defense Production Act orders and the HHS scarce-materials designation governed the PPE every reopening order required it to furnish.87 Workforce, schools and child care: the school closures, the FFCRA mandate, the State paid-leave mandates and the quarantine and isolation orders removed the industry's hourly workers from their assignments by law.88 Travel and gatherings: the interstate traveler quarantines of New York, New Jersey, Connecticut, Massachusetts, Hawaii, Alaska, New Mexico, Kentucky, Pennsylvania, Chicago and others reached traveling placements and event staff, and the gathering limits of every State ended the event calendar on which event security and hospitality staffing run.89 The Library's meetings collection lists the trade shows, conventions and seasons those orders cancelled for this industry, the national and regional shows and the recurring local classes, with the venue orders in force on their dates and the organizers' stated actions. Courts and public offices: the orders of this section converted or closed the venues in which the industry's guards are posted and its hiring paperwork is processed. Transit: the conveyance order, the TSA directives and the transit agencies' rules conditioned every commute. Health care as counterparty: the visitor bans, elective-procedure suspensions, testing rules, the Healthcare ETS and the health-care-worker mandates conditioned every placement, cleaning contract and guard post in a hospital, clinic or nursing home.90 Foreign orders, including the national lockdowns of India and the Philippines that closed the offshore delivery centers on which business-process outsourcers depend, are facts and circumstances described here by category only.

The standing duties

Beneath the emergency orders lay a fourth layer that bound every employer in this industry on every day of the six quarters whether or not any order named it: the standing statutes that commanded every person to prevent and control communicable disease and every employer to furnish a safe and healthful workplace, the offenses for disobeying health and emergency orders, and the liability shields that protected only the complying business. Each is an order from an appropriate governmental authority on the Suspension Clause's own terms, because a statute that commands conduct is an order and a legislature, a health department and an occupational-safety agency are each such an authority, and each reached the place of employment and the persons in it, whoever paid the worker. This section states the layer for seven States, Texas, California, Florida, New York, Oregon, Missouri and Arizona; the fifty-one-jurisdiction table is on this site's duties page.91

The orders' own conditions of operating

In each State the reopening orders let a business operate only on conditions, and the verbs are commands. Texas: "Every business establishment in Texas shall operate at no more than 50 percent of the total listed occupancy" (GA-28). California: the "necessary modifications" the Blueprint designated for each sector, whose retail guidance, governing the stores the industry cleans, guards and staffs, provided that "Employers must provide face coverings to workers." New York: "Each employer shall reduce the in-person workforce at any work locations by 50%." Arizona: every business that serves the public or is an employer "shall develop, establish and implement policies based on guidance from the CDC, Department of Labor, Occupational Safety and Health Administration (OSHA) and ADHS." Florida ("abide by the safety guidelines issued by the CDC and OSHA"), Oregon ("must comply with any applicable OHA guidance") and Missouri ("shall abide by social distancing requirements") used the same form.92 The same orders drew the line between command and recommendation, and this analysis keeps it: the Texas protocols ("should"; "strongly encouraged" from March 10, 2021), Arizona's requirements ("encouraged" from March 25, 2021), Florida's continuing-services clause ("guidance and not enforceable" under Executive Order 20-139 § 2 from June 5, 2020, while the reopening conditions of § 4 remained enforced under section 252.47) and California's industry guidance ("will not be mandatory" from June 15, 2021) are treated as recommendations made compulsory only by the incorporating order, general duty clause or shield, and after each conversion date the compulsion rests on the standing statutes, the shield and the federal layer.93

The standing statutes

Each of the seven States had, before March 2020 and through September 30, 2021, a communicable-disease control act that commanded control measures on persons and premises and punished refusal, and an emergency act that gave the Governor's orders the force of law and made their violation an offense, from Texas's Government Code § 418.173 offense to Arizona's A.R.S. § 26-317 misdemeanor. Texas states the duty on the person: "The state has a duty to protect the public health. Each person shall act responsibly to prevent and control communicable disease" (Health and Safety Code § 81.002), backed by a Class B misdemeanor for refusing a control measure and a third-degree felony for disobeying an area-quarantine order; the court of appeals held that GA-32's declarations on occupancy and "the conduct of business ... become state law." Florida's section 381.00315 reaches "[t]he closure of premises," and each of the other five punishes the violation of a health order or control measure by misdemeanor, civil penalty or both. A statute that commands the official rather than the person is cited as the machinery that made the orders compulsory.94

The workplace-safety duty bound every employer in this industry independently of the orders, at its own premises and at every host site. Section 5(a)(1) of the Occupational Safety and Health Act, binding in all seven States: "Each employer ... shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees." Texas Labor Code § 411.103: "Each employer shall" provide "a place of employment that is reasonably safe and healthful for employees" and use "methods of sanitation and hygiene." California, Oregon, New York and Missouri state the duty in their own statutes ("safe and healthful"; "reasonable and adequate protection to the lives, health and safety of all persons employed therein or lawfully frequenting such places"), and Arizona repeats the federal clause. California, Oregon and New York wrote the pandemic duty into workplace rules with the force of law: the Cal/OSHA standard from November 30, 2020; Oregon OSHA's rule from November 16, 2020; and the HERO Act plan that "each employer shall establish," activated September 6, 2021.95 OSHA enforced the federal duty from April 13, 2020: citations from 300 inspections by December 31, 2020, "Temporary Help Services NAICS 561320" in its National Emphasis Program of July 7, 2021, and an affirmed willful violation against a small tax office that barred face coverings and provided neither distancing nor barriers.96

The liability shields' compliance condition

Texas, Florida and Arizona enacted general business shields conditioned on compliance, each retroactive to the first days of the emergency and each declaring compliance the standard of care: Texas protects a business unless it "knowingly failed to implement or comply with government-promulgated standards, guidance, or protocols," for every action commenced on or after March 13, 2020; Florida immunizes only a defendant that "made a good faith effort to substantially comply with authoritative or controlling government-issued health standards or guidance"; Arizona presumes good faith only for a business that "adopted and implemented reasonable policies related to the public health pandemic," retroactive to March 10, 2020. The other four enacted no general business shield, so the ordinary standard of care governed: California presumes want of due care from the violation of "a statute, ordinance, or regulation of a public entity"; New York's and Oregon's shields reached health-care facilities and schools only; Missouri enacted none until August 28, 2021. In every one of the seven States, on every day of the six quarters, an employer that distanced, screened, sanitized, capped its occupancy, masked its staff or sent its office home was meeting a standard the State had fixed. It was not choosing; it was complying.97

  1. CDC, Timing of State and Territorial COVID-19 Stay-at-Home Orders and Changes in Population Movement, 69 Morbidity & Mortality Wkly. Rep. 1198 (Sept. 4, 2020) (Ex. LAW-201). ↩
  2. COVID AMP (COVID Analysis and Mapping of Policies) (Ex. LAW-202); Ballotpedia, State executive orders issued in response to the coronavirus pandemic (Ex. LAW-203); HHS, COVID-19 State and Local Government Orders dataset (Ex. LAW-205); each cited for its count as of its capture. ↩
  3. Kaiser Family Foundation, State COVID-19 Data and Policy Actions (July 2, 2021) (Ex. LAW-246); id. (Sept. 21, 2021) (Ex. LAW-247). ↩
  4. CISA, Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response, Version 1.0 (Mar. 19, 2020) (Ex. SEC-19-001) ("Support required for continuity of services, including janitorial/cleaning personnel"; "Security staff to maintain building access control and physical security measures"; "Customer service and support staff ... including payroll, billing, fraud, and troubleshooting"); Version 2.0 (Mar. 28, 2020) (Ex. SEC-19-002) (adding "landscapers" to the safety-and-sanitation clause); Version 3.0 (Apr. 17, 2020) (Ex. SEC-19-003) ("The term 'workers' as used in this guidance is intended to apply to both employees and contractors performing the described functions."; "security personnel, and janitorial staff"; "commercial disinfectant services, janitorial and cleaning personnel"; "those staffing call centers"; "employment service"); see also Ex. FED-394 (the CISA series as held in the federal folder). Each version is "advisory in nature" and effective only through the incorporating State orders. ↩
  5. Proclamation No. 9994, 85 Fed. Reg. 15337 (Mar. 13, 2020) (Ex. FED-001) (predicate); FFCRA §§ 3102, 5102, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020); 29 C.F.R. part 826, 85 Fed. Reg. 19326 (Apr. 6, 2020) (Ex. FED-170; Ex. FED-171; Ex. ECO-B-001; Ex. ECO-B-002). ↩
  6. Department of State, Suspension of Routine Visa Services (Mar. 20, 2020) (Ex. FED-327); DHS, Temporary Changes to Requirements Affecting H-2B Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 28843 (May 14, 2020) (Ex. SEC-19-018) (reciting that "The Department of State suspended routine visa services at all U.S. Embassies and Consulates on March 20, 2020"); USCIS alert of Mar. 17, 2020, USCIS Temporarily Closing Offices to the Public (eff. Mar. 18, 2020; extended to May 3 and June 3, 2020) (Ex. FED-324; the same alert is held as Ex. AGY-FED-LABOR-IMMIGRATION-053, an agency announcement cited as context for the closure it records, not as an order); USCIS alert of May 27, 2020 announcing resumption of public services on June 4, 2020 (Ex. AGY-FED-LABOR-IMMIGRATION-056) (context). ↩
  7. Ex. SEC-19-018; Proclamation No. 10052, §§ 2(a), 3(b)(iv), 85 Fed. Reg. 38263 (June 22, 2020; eff. 12:01 a.m. June 24, 2020) (Ex. SEC-19-005); Proclamation No. 10131, §§ 4, 6, 86 Fed. Reg. 417 (Dec. 31, 2020) (Ex. SEC-19-006) ("This proclamation shall expire on March 31, 2021"); Proclamation No. 10149, § 1, 86 Fed. Reg. 11847 (Feb. 24, 2021) (Ex. SEC-19-007) (revoking only the immigrant provisions); Proclamation No. 10014, §§ 1, 6 (Apr. 22, 2020) (Ex. SEC-19-004) (the predicate proclamation whose section 6 review produced the H-2B suspension); see also Ex. FED-210; Ex. FED-211; Ex. FED-213 (Proclamations 10014, 10052 and 10131 as held in the federal folder); Proclamation No. 10054, 85 Fed. Reg. 40085 (June 29, 2020) (Ex. FED-212) (amending Proclamation 10052). ↩
  8. OMB, Memorandum M-20-16, Federal Agency Operational Alignment to Slow the Spread of Coronavirus COVID-19 (Mar. 17, 2020) (Ex. FED-264); OMB, Memoranda M-20-13 and M-20-15 (Mar. 12 and 15, 2020) (Ex. FED-262; Ex. FED-263); OMB, Memorandum M-20-23, Aligning Federal Agency Operations with the National Guidelines for Opening Up America Again (Apr. 20, 2020) (Ex. FED-268) (the governing workplace directive through June 10, 2021). ↩
  9. Department of Defense, memorandum of Mar. 20, 2020 to the industrial base on its essential critical infrastructure workforce (contractor personnel to continue work under the CISA guidance and the installation access conditions); Department of Defense, Class Deviation 2020-O0013, CARES Act Section 3610 Implementation, DFARS 231.205-79 (Apr. 8, 2020) (contractors "struggling to maintain a mission-ready workforce" because of work-site closures, quarantines and travel restrictions); Department of Defense, Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (Mar. 15, 2021) (Ex. FED-280) (travel restrictions "until further notice"; reciting the conditions-based regime in force since March 2020); Department of Defense, Force Health Protection Guidance (Supplement 23), Vaccination Attestation and Screening Testing (Sept. 8, 2021; attestation implemented no later than Sept. 13, 2021). The Department's travel memoranda of March 11 and 13, 2020 are described by category and are not exhibits. ↩
  10. CMS-3401-IFC, 42 C.F.R. § 483.80(h), 85 Fed. Reg. 54820 (Sept. 2, 2020) (Ex. FED-092), with QSO-20-38-NH (Aug. 26, 2020) (Ex. FED-168). ↩
  11. Exec. Order No. 13991, § 2, 86 Fed. Reg. 7045 (Jan. 20, 2021) (Ex. FED-060); OMB, Memorandum M-21-15, COVID-19 Safe Federal Workplace: Agency Model Safety Principles (Jan. 24, 2021) (Ex. FED-270); OMB, Memorandum M-21-25 (June 10, 2021) (Ex. FED-271) (lifting the occupancy cap and requiring reentry plans by July 19, 2021). ↩
  12. CDC, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; eff. Feb. 1, 2021) (Ex. FED-020) ("Persons must wear masks over the mouth and nose when traveling on conveyances into and within the United States"; operators "must require all persons onboard to wear masks for the duration of travel"; criminal penalty under 42 U.S.C. § 271); TSA Security Directive 1582/84-21-01A (Ex. FED-051) ("including those already vaccinated"); TSA Security Directive 1582/84-21-01B (Ex. FED-052); Exec. Order No. 13998, 86 Fed. Reg. 7205 (Jan. 21, 2021) (Ex. FED-061). ↩
  13. Proclamation No. 10143, 86 Fed. Reg. 7467 (Jan. 25, 2021) (Ex. FED-207); Proclamation No. 10199, 86 Fed. Reg. 24297 (Apr. 30, 2021; eff. May 4, 2021) (Ex. FED-208); Proclamation No. 9984 (China) (Ex. FED-200); DHS, Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada, 86 Fed. Reg. 32764 (June 23, 2021) (Ex. FED-232), and the same for Mexico, 86 Fed. Reg. 32766 (Ex. FED-255), with the notifications of July 22, Aug. 23 and Sept. 22, 2021 (Ex. FED-233; Ex. FED-234; Ex. FED-235; Ex. FED-256; Ex. FED-257; Ex. FED-258); CDC, Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists, 85 Fed. Reg. 65806 (Oct. 13, 2020) (Ex. FED-037) and 42 C.F.R. § 71.40 (Ex. FED-039; Ex. FED-048); CDC, Requirement for Negative Pre-Departure COVID-19 Test Result, 86 Fed. Reg. 7387 (Jan. 28, 2021) (Ex. FED-042). ↩
  14. CMS-3414-IFC, 42 C.F.R. § 483.80(d)(3), 86 Fed. Reg. 26306 (May 13, 2021; eff. May 21, 2021) (Ex. FED-094), with QSO-21-19-NH (Ex. FED-163); CMS, QSO-20-39-NH, rev. Apr. 27, 2021 (Ex. FED-156). ↩
  15. DHS and DOL, Exercise of Time-Limited Authority To Increase the Fiscal Year 2021 Numerical Limitation for the H-2B Temporary Nonagricultural Worker Program, 86 Fed. Reg. 28198 (May 25, 2021) (Ex. SEC-19-008). ↩
  16. 29 C.F.R. § 1910.502, 86 Fed. Reg. 32376 (June 21, 2021) (Ex. SEC-19-009; Ex. FED-080). ↩
  17. 29 C.F.R. § 1910.502(a)(1), (b), (c), (h), (i), (j), (k), (l), (m) (Ex. SEC-19-009); OSHA, DIR 2021-02, Inspection Procedures for the COVID-19 Emergency Temporary Standard (Ex. FED-081). ↩
  18. OSHA, DIR 2021-03 (CPL 03), Revised National Emphasis Program - Coronavirus Disease 2019 (COVID-19), App. A (July 7, 2021) (Ex. SEC-19-019; Ex. FED-083) ("Temporary Help Services NAICS 561320" among the targeted industries; enforcement posture only, never asserted as an order closing or modifying operations); OSHA, DIR 2021-01 (Mar. 12, 2021) (Ex. FED-082) (the prior program, in force July 1-7, 2021). ↩
  19. Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Agency Model Safety Principles (rev. July 29, 2021) (Ex. FED-272); Task Force, Certification of Vaccination form (Aug. 6, 2021) (Ex. FED-278); Exec. Order No. 14042, § 2, 86 Fed. Reg. 50985 (Sept. 9, 2021) (Ex. SEC-19-010; Ex. FED-063); Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021) (Ex. SEC-19-020; Ex. FED-274) (definitions of "covered contractor employee" and "covered contractor workplace"); OMB, Determination of Promoting Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042, 86 Fed. Reg. 53691 (Sept. 28, 2021) (Ex. FED-275). ↩
  20. Ex. FED-020; Ex. FED-051; Ex. FED-052; Ex. FED-200; Ex. FED-207; Ex. FED-208; Ex. FED-232; Ex. FED-233; Ex. FED-234; Ex. FED-235; Ex. FED-255; Ex. FED-256; Ex. FED-257; Ex. FED-258; Ex. FED-037; Ex. FED-038; Ex. FED-042; Ex. FED-092; Ex. FED-094; Ex. FED-156; Ex. SEC-19-008; the federal instruments in force July 1 to Sept. 30, 2021 are listed on this site's federal page. ↩
  21. N.Y. Exec. Order No. 202.6 (Mar. 18, 2020) (Ex. NY-003); N.Y. Exec. Order No. 202.7 (Mar. 19, 2020) (Ex. NY-004); N.Y. Exec. Order No. 202.8 (Mar. 20, 2020) (Ex. NY-002); Empire State Development, Guidance for Determining Whether a Business Enterprise is Subject to a Workforce Reduction Under Recent Executive Orders (Mar. 20, 2020, as updated Mar. 27, 2020) (Ex. SEC-07-023); N.Y. Exec. Order No. 202.11 (Mar. 27, 2020) (Ex. NY-014); N.Y. Forward, Interim Guidance for Office-Based Work (Ex. NY-131); N.Y. Exec. Order No. 202.108 (May 17, 2021) (Ex. NY-054) (percentage caps ended May 19, 2021); 12 NYCRR Part 840 (Aug. 5, 2021) (Ex. NY-136); N.Y. Comm'r of Health, Designation under Labor Law § 218-b (Sept. 6, 2021) (Ex. NY-127; Ex. SEC-10-031). ↩
  22. N.J. Exec. Order No. 107, ¶¶ 10-11 (Mar. 21, 2020) (Ex. NJ-004); N.J. Exec. Order No. 122 (Apr. 8, 2020) (Ex. NJ-011); N.J. Exec. Order No. 192 (Oct. 28, 2020; eff. Nov. 5, 2020) (Ex. NJ-036); N.J. Exec. Order No. 242 (May 24, 2021) (Ex. NJ-050); N.J. Exec. Order No. 243, ¶ 1 (May 26, 2021; eff. 6:00 a.m. June 4, 2021) (Ex. NJ-051) (rescinding ¶¶ 10-11 of Executive Order No. 107); P.L. 2021, c. 103 (Ex. NJ-053). ↩
  23. Governor of Pennsylvania and Secretary of Health, Orders Regarding the Closure of All Businesses That Are Not Life Sustaining (Mar. 19, 2020) (Ex. PA-002); Commonwealth of Pennsylvania, Industry Operation Guidance: Life Sustaining Business (Mar. 19, 2020) (Ex. PA-004) (NAICS rows for sector 56, with "Facilities Support Services Yes" and "Other Support Services No"); Pa. Sec'y of Health, Worker Safety Order (Apr. 15, 2020) (Ex. PA-008); Pa. Sec'y of Health, Targeted Mitigation Order (July 15, 2020) (Ex. PA-016) ("Unless not possible"); Pa. Sec'y of Health, Mitigation, Enforcement and Immunity Order, § 1(A) (Nov. 23, 2020) (Ex. PA-022) ("Unless impossible, all businesses must conduct their operations remotely, through individual teleworking of their employees"); Pa. Sec'y of Health, Amended Order (Apr. 1, 2021; eff. Apr. 4, 2021) (Ex. PA-033); Pa. Dep't of Human Servs., Fingerprinting FAQs (May 15, 2020) (Ex. SEC-19-015) (the fingerprint-site closures recorded and Act 18 of 2020). ↩
  24. Mass. COVID-19 Order No. 13 (Mar. 23, 2020; eff. noon Mar. 24, 2020) (Ex. MA-008); Mass. Essential Services list, Exhibit A to Orders No. 13 and No. 21 (updated Mar. 31, 2020) (Ex. SEC-19-034); Town of Nantucket (Select Board and Board of Health), Supplemental Emergency Order (Mar. 30, 2020), reaffirming Emergency Order No. 1 (Mar. 20, 2020) (construction suspended) and Emergency Order No. 3 (Mar. 22, 2020) (stay at home; landscaping limited) (Ex. MET-BOS-122) ("all non-emergency construction work and all commercial landscaping work is prohibited"); Mass. COVID-19 Order No. 33 (May 18, 2020) (Ex. MA-017); Mass. COVID-19 Order No. 59 (Dec. 22, 2020; eff. Dec. 26, 2020) (Ex. MA-040); Mass. COVID-19 Order No. 63 (Feb. 4, 2021; eff. Feb. 8, 2021) (Ex. MA-043); Mass. COVID-19 Order No. 69 (May 28, 2021; eff. May 29, 2021) (Ex. MA-048). ↩
  25. Conn. Exec. Order No. 7H, § 1 (Mar. 20, 2020; eff. 8:00 p.m. Mar. 23, 2020) (Ex. CT-007); Conn. DECD Sector Rules for Offices (May 20, 2020 and successors) (Ex. CT-069; Ex. CT-093); Conn. Exec. Order No. 12B, § 1 (May 20, 2021; repeals effective 11:59 p.m. May 20, 2021) (Ex. CT-046). ↩
  26. R.I. Exec. Order No. 20-09, ¶ 4 (Mar. 22, 2020; eff. 5:00 p.m. Mar. 23, 2020) (Ex. RI-006); R.I. Exec. Order No. 20-100 (Nov. 30, 2020) (Ex. RI-029); R.I. Exec. Order No. 21-57 (May 21, 2021) (Ex. RI-040) (Reopening Order); Vt. Addendum 6 to Exec. Order 01-20 (Mar. 24, 2020) (Ex. VT-010); Vt. Addendum 10 (Apr. 17, 2020) (Ex. SEC-09-027); N.H. Emergency Order #17 (Mar. 26, 2020; eff. Mar. 27, 2020) (Ex. NH-009); N.H. Universal Guidelines (May 1, 2020) (Ex. NH-045); Me. Exec. Order No. 19 FY 19/20 (Mar. 24, 2020; eff. 12:01 a.m. Mar. 25, 2020) (Ex. ME-007); Me. Exec. Order No. 55 FY 19/20, § I(D) (May 29, 2020; eff. May 31, 2020) (Ex. ME-025) ("until further notice ... continue to have their employees work remotely"); Me. Exec. Order No. 40 FY 20/21 (June 30, 2021) (Ex. ME-060); Del. Fourth Modification of the Declaration of a State of Emergency, ¶¶ 6, 8 (Mar. 22, 2020; eff. 8:00 a.m. Mar. 24, 2020) (Ex. DE-005) (non-essential businesses closed include "Certain Business support services, including customer service call centers and telemarketing operations"; essential list includes temporary employment placement at ¶ 6.q.21). ↩
  27. D.C. Mayor's Order 2020-053 (Mar. 24, 2020) (Ex. DC-005); D.C. Mayor's Order 2020-127 (Dec. 18, 2020; eff. Dec. 23, 2020; pause "until 5 a.m. on Friday, January 15, 2021") (Ex. DC-015), extended to 5:00 a.m. Jan. 22, 2021 by D.C. Mayor's Order 2021-004 (Jan. 11, 2021) (Ex. DC-020); D.C. Mayor's Order 2021-097 (July 29, 2021; eff. July 31, 2021) (Ex. DC-057). ↩
  28. Md. Order of the Governor No. 20-03-23-01 (Mar. 23, 2020) (Ex. MD-005) (misdemeanor penalty under Md. Code, Pub. Safety § 14-114(c) recited); Office of Legal Counsel to the Governor of Maryland, Interpretive Guidance COVID19-04, ¶¶ b, o (Mar. 23, 2020) (Ex. SEC-19-035) ("Building and property maintenance companies, including without limitation plumbers, electricians, HVAC service companies, roofers, environmental services companies, exterminators, arborists, and landscapers. iii. Janitorial firms. ... o. Supporting Firms. The federal critical infrastructure sectors include firms providing the following to any other business, organization, or facility included in the federal critical infrastructure sectors: i. Staffing and/or payroll services."); Md. Order of the Governor No. 21-06-15-01 (June 15, 2021) (Ex. MD-031) (§ II orders to Aug. 15, 2021); Md. Dep't of Health, Amended Directive and Order Regarding Vaccination Matters, No. MDH 2021-08-18-01 (Aug. 18, 2021; effective immediately; first dose required by Sept. 1, 2021) (Ex. MD-058) (vaccination or testing of "[a]ll staff" of every hospital and nursing home). ↩
  29. Va. Exec. Order No. 53 (Mar. 23, 2020; eff. 11:59 p.m. Mar. 24, 2020) (Ex. VA-004); Va. Exec. Order No. 55 (Mar. 30, 2020) (Ex. VA-006); 16VAC25-220 Emergency Temporary Standard (July 27, 2020) (Ex. VA-036; Ex. SEC-12-063); 16VAC25-220 Final Permanent Standard (Jan. 27, 2021) (Ex. VA-037; Ex. SEC-19-029) (amended Sept. 8, 2021; repealed Mar. 23, 2022). ↩
  30. Ga. Exec. Order No. 04.02.20.01 (Apr. 2, 2020) (Ex. GA-010); Ga. Exec. Order No. 06.30.21.01 (June 30, 2021) (Ex. GA-041); Ga. Exec. Order No. 08.19.21.03 (Aug. 19, 2021) (Ex. GA-043). ↩
  31. Tex. Exec. Order No. GA-14 (Mar. 31, 2020; eff. Apr. 2, 2020) (Ex. TX-008); Tex. Exec. Order No. GA-34 (Mar. 2, 2021; eff. Mar. 10, 2021) (Ex. TX-029); Tex. Exec. Order No. GA-38 (July 29, 2021) (Ex. TX-036); Tex. Disaster Proclamation (Mar. 13, 2020) (Ex. TX-001), renewed Aug. 29, 2021 (Ex. TX-038); Supreme Court of Texas, Fortieth Emergency Order (July 19, 2021) (Ex. TX-040). ↩
  32. Fla. Exec. Order No. 20-91 (Apr. 1, 2020; eff. Apr. 3, 2020) (Ex. FL-010); Fla. Exec. Order No. 21-102 (May 3, 2021) (Ex. FL-060) (suspending all remaining local COVID-19 restrictions); Fla. Exec. Order No. 21-101 (May 3, 2021; eff. July 1, 2021) (Ex. FL-059); ch. 2021-8, Laws of Fla. (SB 2006) (May 3, 2021; eff. July 1, 2021) (Ex. FL-030); the county layer to May 3, 2021 is stated on the Orlando and Tampa Bay metro pages. ↩
  33. La. Proclamation No. 33-JBE-2020 (Mar. 22, 2020; eff. Mar. 23, 2020) (Ex. LA-005); La. Proclamation No. 137-JBE-2021 (Aug. 2, 2021; eff. Aug. 4, 2021) (Ex. LA-036). ↩
  34. Ky. Exec. Order No. 2020-257 (Mar. 25, 2020; eff. Mar. 26, 2020) (Ex. KY-010); Ky. Exec. Order No. 2020-968 (Nov. 18, 2020; eff. Nov. 20, 2020) (Ex. KY-033); Ky. Exec. Order No. 2021-386, ¶¶ 4-5 (June 11, 2021) (Ex. KY-049); Ky. Exec. Order No. 2021-585 (Aug. 10, 2021; terminated Sept. 7, 2021) (Ex. KY-052); 2021 Special Session H.J.R. 1, Acts ch. 1 (Sept. 7, 2021) (Ex. KY-056) (extending Executive Order 2020-215, Ex. KY-001, and the listed orders to January 15, 2022; terminating Executive Order 2021-585 and the residual mask requirements by § 1); Ky. Sup. Ct., Admin. Orders 2021-27 and 2021-28 (Amended) (Aug. 9, 2021) (Ex. KY-058; Ex. KY-059) (masks and court proceedings in court facilities). ↩
  35. N.C. Exec. Order No. 121 (Mar. 27, 2020; eff. Mar. 30, 2020) (Ex. NC-005); N.C. Exec. Order No. 181 (Dec. 8, 2020; eff. Dec. 11, 2020) (Ex. NC-023); N.C. Exec. Order No. 224 (July 29, 2021) (Ex. NC-031); N.C. Exec. Order No. 229 (Aug. 31, 2021) (Ex. NC-058) (extending Executive Order No. 224). ↩
  36. Ala. Order of the State Health Officer (Apr. 3, 2020; eff. Apr. 4, 2020) (Ex. AL-013); Miss. Exec. Order No. 1466 (Apr. 1, 2020; eff. Apr. 3, 2020) (Ex. MS-009); Miss. Exec. Order No. 1474 (Apr. 22, 2020) (Ex. MS-012); Tenn. Exec. Order No. 22 (Mar. 30, 2020) and No. 23 (Apr. 2, 2020) (Ex. TN-007); Ark. Dep't of Health directives (Mar. 19, 2020 onward) (Ex. AR-035); S.C. Exec. Order No. 2020-21 (Apr. 6, 2020; eff. Apr. 7, 2020) (Ex. SC-013); Okla. Fourth Amended Exec. Order No. 2020-07 (Mar. 24, 2020) (Ex. OK-006); W. Va. Exec. Order No. 9-20 (Mar. 23, 2020; eff. 8:00 p.m. Mar. 24, 2020) (Ex. WV-009). ↩
  37. Ill. Exec. Order No. 2020-10, § 12(h) (Mar. 20, 2020) (Ex. SEC-10-034; Ex. IL-005); Ill. Exec. Order No. 2020-73 (Nov. 18, 2020; eff. 12:01 a.m. Nov. 20, 2020) (Ex. IL-031); Ill. Exec. Order No. 2021-12 (June 11, 2021) (Phase 5; cited by name); Ill. Exec. Order No. 2021-20, §§ 1-2 (Aug. 26, 2021) (Ex. SEC-19-026; Ex. IL-042). ↩
  38. Ohio Dep't of Health, Director's Stay at Home Order, §§ 12(k), 15 (Mar. 22, 2020) (Ex. OH-011); Ohio Dep't of Health, Stay Safe Ohio Order (Apr. 30, 2020) (Ex. OH-019), as revised by the Director's Updated and Revised Order for Business Guidance and Social Distancing (May 29, 2020) (Ex. OH-025); Ohio Dep't of Health, Director's Order Rescinding Various Orders (signed June 1, 2021; eff. 12:01 a.m. June 2, 2021) (Ex. OH-050); Ohio Dep't of Health, Director's Amended Order for the Testing of the Residents and Staff of all Nursing Homes (May 4, 2021) (Ex. OH-049) (in force through the third quarter of 2021; reaches agency staff). ↩
  39. Mich. Exec. Order No. 2020-21 (Mar. 23, 2020; eff. 12:01 a.m. Mar. 24, 2020) (Ex. SEC-09-031; Ex. MI-011) (prohibiting in-person work "not necessary to sustain or protect life"); Ex. SEC-19-012; Ex. SEC-19-011; Ex. SEC-19-043; Mich. Exec. Order No. 2020-110 (June 1, 2020) (Ex. SEC-19-014; Ex. MI-031); MIOSHA Emergency Rules, R 5(8) (Oct. 14, 2020) (Ex. MI-054; Ex. SEC-12-059); MDHHS rescission effective June 22, 2021 (cited by name). Each Michigan executive order recites that "a willful violation of this order is a misdemeanor" under MCL 10.33 and 30.405(3). ↩
  40. Ind. Exec. Order No. 20-08 (Mar. 23, 2020; eff. 11:59 p.m. Mar. 24, 2020) (Ex. IN-006); Ind. Exec. Order No. 20-22 (Apr. 20, 2020) (Ex. IN-020); Ind. Exec. Order No. 21-15 (May 28, 2021; in force June 1 to June 30, 2021) (Ex. IN-064); Ind. Exec. Order No. 21-17 (June 30, 2021; eff. 12:01 a.m. July 1, 2021) (Ex. IN-066) (rescinding all prior COVID-19 directives as of 11:59 p.m. June 30, 2021 and continuing limited health-care, vaccination and quarantine provisions to July 31, 2021, continued by Exec. Orders 21-19, 21-23 and 21-24 (Ex. IN-068; Ex. IN-070; Ex. IN-071) through Sept. 30, 2021). ↩
  41. Minn. Emergency Exec. Order No. 20-20 (Mar. 25, 2020; eff. 11:59 p.m. Mar. 27, 2020) (Ex. MN-010); Minn. Emergency Exec. Order No. 20-23 (Mar. 27, 2020) (Ex. MN-011); Minn. Emergency Exec. Order No. 20-56 (May 13, 2020) (Ex. SEC-10-045); Minn. Emergency Exec. Order No. 20-99 (Nov. 18, 2020; eff. Nov. 20, 2020) (Ex. MN-032); Minn. Emergency Exec. Order No. 21-11 (Mar. 12, 2021; eff. Mar. 15, 2021; telework to Apr. 14, 2021) (Ex. MN-037); Minn. Emergency Exec. Order No. 21-21 (May 6, 2021; Step 2 eff. 11:59 p.m. May 27, 2021; Step 3 eff. 11:59 p.m. June 30, 2021) (Ex. MN-038). ↩
  42. Wis. Emergency Order #12 (Mar. 24, 2020; eff. Mar. 25, 2020) (Ex. WI-002); Wis. Emergency Order #28 (Apr. 16, 2020) (Ex. WI-003); Wisconsin Legislature v. Palm, 2020 WI 42 (May 13, 2020); City of Milwaukee Stay-At-Home Order (Mar. 23, 2020; eff. Mar. 25, 2020) (Ex. MET-MKE-030); PHMDC Emergency Order #2 (May 18, 2020; eff. May 19, 2020) (Ex. MET-MKE-005); Milwaukee Order #4.2 (Oct. 26, 2020; eff. Oct. 29, 2020) (Ex. MET-MKE-034). ↩
  43. Mo. Stay Home Missouri Order (Apr. 3, 2020; eff. Apr. 6, 2020) (Ex. MO-004); City of St. Louis, Health Comm'r's Order No. 5 (Mar. 21, 2020; eff. Mar. 23, 2020) (Ex. MET-STL-006); St. Louis County, Stay at Home Order (Mar. 21, 2020; eff. Mar. 23, 2020) (Ex. MET-STL-044); Ex. MET-STL-057; Kan. Exec. Order No. 20-16 (Mar. 28, 2020; eff. Mar. 30, 2020) (Ex. KS-009); Kan. Exec. Order No. 20-69 (Dec. 9, 2020) (Ex. KS-037); KDHE Secretary's Order (June 18, 2021) (Ex. KS-052); Iowa Proclamation of Disaster Emergency (Nov. 10, 2020; eff. Nov. 11, 2020) (Ex. IA-029); Neb. Directed Health Measures (Ex. NE-026); N.D. Exec. Order No. 2020-20 (Apr. 3, 2020) (Ex. ND-018); S.D. Exec. Order No. 2020-12 (Apr. 6, 2020) (Ex. SD-009). ↩
  44. Cal. Exec. Order No. N-33-20 (Mar. 19, 2020) (Ex. CA-002); Cal. State Public Health Officer Order (July 13, 2020) (cited by name); Cal. Blueprint for a Safer Economy (Aug. 28, 2020; eff. Aug. 31, 2020) (Ex. CA-017); Cal. Regional Stay at Home Order (Dec. 3, 2020; eff. Dec. 5, 2020) (Ex. CA-020); Cal. Code Regs. tit. 8, § 3205 (eff. Nov. 30, 2020) (Ex. CA-023); id. (readopted June 17, 2021) (Ex. CA-024; Ex. SEC-10-041); Cal. Exec. Order No. N-07-21 (June 11, 2021) (Ex. CA-029); Cal. State Public Health Officer Orders of July 26, 2021 (Ex. CA-031), Aug. 5, 2021 (Ex. CA-030; Ex. SEC-19-024) and Aug. 11, 2021 (Ex. CA-033; Ex. SEC-19-042). ↩
  45. Wash. Proclamation 20-25 (Mar. 23, 2020; eff. Mar. 25, 2020) (Ex. WA-016); Wash. Proclamation 20-25.3 (May 4, 2020) (Ex. WA-031); Wash. Proclamation 20-25.8 (Nov. 15, 2020; eff. 12:01 a.m. Nov. 17, 2020) (Ex. WA-047); Wash. Proclamation 20-25.12 (Jan. 11, 2021) (Ex. WA-056); Wash. Proclamation 20-25.13 (May 21, 2021) (Ex. WA-065); Wash. Proclamation 20-25.14 (July 1, 2021) (Ex. WA-072); WAC 296-800-14035 (Ex. AGY-ST-LABOR-WORKPLACE-050; readoptions Ex. AGY-ST-LABOR-WORKPLACE-054; Ex. AGY-ST-LABOR-WORKPLACE-055; Ex. AGY-ST-LABOR-WORKPLACE-056); Wash. Proclamation 21-14 (Aug. 9, 2021) (Ex. WA-077; Ex. SEC-12-074); Wash. Proclamation 21-14.1 (Aug. 20, 2021) (Ex. SEC-19-025). ↩
  46. Or. Exec. Order No. 20-12 (Mar. 23, 2020) (Ex. OR-007); Or. Exec. Order No. 20-66 (Dec. 2, 2020; eff. Dec. 3, 2020) (Ex. OR-035); Or. Exec. Order No. 21-15 (June 25, 2021; eff. June 30, 2021) (Ex. OR-043); Or. OSHA, Temporary Rule Addressing COVID-19 Workplace Risks (Nov. 16, 2020) (Ex. OR-032; Ex. SEC-12-065); Or. OSHA, AO 2-2021 (May 4, 2021) (Ex. OR-041; Ex. SEC-12-066); Or. OSHA, AO 10-2021 (Aug. 13, 2021) (Ex. OR-049; Ex. SEC-12-081); Or. Exec. Order No. 21-29 (Aug. 13, 2021) (Ex. OR-047). ↩
  47. New Mexico Department of Health, Public Health Emergency Order Closing All Businesses and Non-Profit Entities Except for Those Deemed Essential and Providing Additional Restrictions on Mass Gatherings Due to COVID-19 (Mar. 23, 2020; eff. 8:00 a.m. Mar. 24, 2020) (Ex. NM-006); N.M. Public Health Order (May 15, 2020) (cited by name); N.M. Public Health Order (June 30, 2021; eff. July 1, 2021) (Ex. NM-060); N.M. Public Health Order (Aug. 17, 2021) (Ex. NM-067; Ex. NM-068). ↩
  48. Nev. Emergency Directive 010 (Mar. 31, 2020; eff. Apr. 1, 2020) (Ex. NV-012); Nev. Emergency Directive 035 (Nov. 22, 2020; eff. Nov. 24, 2020) (Ex. NV-030); Nev. Emergency Directive 047 (July 27, 2021; eff. July 30, 2021) (Ex. NV-041); Nev. Emergency Directive 048 (Aug. 4, 2021) (Ex. NV-042). ↩
  49. Colo. Exec. Order No. D 2020 013 (Mar. 22, 2020; eff. Mar. 24, 2020) (Ex. CO-010) (fifty-percent in-person workforce reduction); Colo. Exec. Order No. D 2020 017 (Mar. 25, 2020; eff. Mar. 26, 2020) (Ex. CO-012) and Second Updated PHO 20-24 (Mar. 27, 2020) (Ex. CO-013) (stay at home); Colo. PHO 20-28 (Apr. 26, 2020; eff. Apr. 27, 2020) (cited by name); Colo. PHO 20-36, First Amended (Nov. 17, 2020; Level Red eff. Nov. 20, 2020) (Ex. CO-081); Colo. Exec. Order No. D 2021 121 (June 30, 2021) (Ex. CO-069) (disaster emergency, in force July 1-8, 2021); Colo. Exec. Order No. D 2021 122, Colorado COVID-19 Disaster Recovery Order (July 8, 2021) (Ex. CO-043); Colo. Fourth Amended PHO 20-38 (June 30, 2021; eff. July 1, 2021) (Ex. CO-041); Colo. Sixth Amended PHO 20-38 (Aug. 31, 2021; eff. Sept. 1, 2021) (Ex. CO-091) (face coverings in health-care settings); Colo. Bd. of Health, Emergency Rule, 6 CCR 1011-1, ch. 2, Part 12 (Aug. 30, 2021) (Ex. CO-055); the Denver-area county dial orders to Aug. 15-16 and Sept. 15, 2021 (Ex. MET-DEN-079; Ex. MET-DEN-030; Ex. MET-DEN-103). ↩
  50. Ariz. Exec. Order No. 2020-18 (Mar. 30, 2020; eff. Mar. 31, 2020) (Ex. AZ-010); Ariz. Exec. Order No. 2020-36 (May 12, 2020) (Ex. AZ-019); Ariz. Exec. Order No. 2021-06 (Mar. 25, 2021) (Ex. AZ-037); Utah Stay Safe, Stay Home directive (Mar. 27, 2020) (Ex. UT-004); Salt Lake County PHO 2020-03 (Mar. 29, 2020) (Ex. MET-SLC-042); Haw. Third Supplementary Proclamation (Mar. 23, 2020; eff. Mar. 25, 2020) (Ex. HI-004); Haw. traveler quarantine (Ex. HI-003); Idaho Order to Self-Isolate (Mar. 25, 2020) (Ex. ID-003); Mont. Stay at Home Directive (Mar. 26, 2020; eff. Mar. 28, 2020) (Ex. MT-009); Mont. Directive of May 7, 2020 (Ex. MT-032); Alaska Health Mandate 011 (Mar. 27, 2020; eff. Mar. 28, 2020) (Ex. AK-013); Wyo. Public Health Order No. 1 (Mar. 19, 2020) (Ex. WY-004); Wyo. Twenty-third Continuation, and Modification, of Statewide Public Health Order #1 (Mar. 12, 2021; eff. Mar. 16, 2021) (Ex. WY-050). ↩
  51. Ex. CA-020; Ex. CO-081; Ex. IL-031; Ex. IA-029; Ex. KY-033; Ex. MA-040; Ex. MI-054; Ex. MN-032; Ex. NV-030; Ex. PA-022; Ex. RI-029; Ex. WA-047; Ex. DC-015; Vt. Addendum 8 (Nov. 13, 2020; eff. 10:00 p.m. Nov. 14, 2020) (Ex. VT-034); Or. Exec. Order No. 20-66 (Ex. OR-035); Tex. Exec. Order No. GA-32 (Oct. 7, 2020) (Ex. TX-025; Ex. TX-026); N.M. Public Health Order (Nov. 13, 2020; eff. Nov. 16, 2020) (cited by name). ↩
  52. Ex. IA-029 (to Feb. 6, 2021); Ex. TX-029 (Mar. 10, 2021); Ex. PA-033 (Apr. 4, 2021); Ex. MN-037 and Ex. MN-038 (Apr. 14 and May 28, 2021); Ex. CO-041 (Fourth Amended PHO 20-38, eff. July 1, 2021, superseding the Dial framework that expired Apr. 16, 2021); Ex. MI-054 (May 24, 2021 amendment); Ex. NY-054 (May 19, 2021); Ex. CT-046 (May 20, 2021); Ex. MA-048 (May 29, 2021); Ex. NJ-051 (June 4, 2021); Ex. CA-029 (June 15, 2021); Ex. OR-043, Ex. WA-072 and Ex. ME-060 (June 30, 2021); Ex. NM-060 (July 1, 2021). ↩
  53. Ex. TX-029; Ex. TX-031; Ex. TX-036; Ex. FL-060; Ex. FL-059; Ex. FL-030; Ind. SEA 5 (Ind. Code § 16-20-1-21.5) with Marion County Special Ordinances No. 3 and 4, 2021 (Ex. MET-IND-080; Ex. MET-IND-081); RSMo § 67.265 (Ex. MET-KC-078); Utah HB 294 and SB 195 (cited by name); Kan. SB 40 (Ex. MET-KC-080); Notice 2021-20, Q&A-20, at 931 (a national employer with sites under orders in some jurisdictions is partially suspended "with respect to all of its operations in all locations"). ↩
  54. N.Y.C. Emergency Exec. Order No. 102 (Mar. 20, 2020) (Ex. MET-NYC-005); N.Y.C. Emergency Exec. Order No. 103 (Mar. 25, 2020) (Ex. MET-NYC-006); N.Y.C. Emergency Exec. Order No. 225, §§ 1, 5(a) (Aug. 16, 2021) (Ex. SEC-19-016; Ex. MET-NYC-017); N.Y.C. DOHMH Commissioner's Orders on contractors and staff (Ex. MET-NYC-036). ↩
  55. L.A. County Dep't of Public Health, Revised Temporary Targeted Safer at Home Health Officer Order (Dec. 30, 2020) (Ex. MET-LA-012); L.A. County Health Officer Order (July 16, 2021; eff. 11:59 p.m. July 17, 2021) (Ex. MET-LA-018); L.A. County Health Officer Order (Aug. 12, 2021) (Ex. MET-LA-023) (health-care-worker vaccination); L.A. County Safer at Home Order (Mar. 19, 2020, as revised Mar. 21, 2020) (Ex. MET-LA-003); City of Los Angeles, Right of Recall and Worker Retention Ordinances (Ex. MET-LA-038). ↩
  56. Chicago Dep't of Public Health, Public Health Order 2020-1 (Mar. 2020) (Ex. MET-CHI-001); Cook County Dep't of Public Health, Order No. 2020-2 (Dec. 11, 2020) (Ex. MET-CHI-034); Chicago Dep't of Public Health, Public Health Order No. 2021-1 (Aug. 20, 2021) (Ex. MET-CHI-026); Cook County Dep't of Public Health, Order (Aug. 23, 2021) (Ex. MET-CHI-041); Chicago Phase 5 employer duties (Ex. MET-CHI-018). ↩
  57. Dallas County, Amended Order Continuing Requirements for Safer at Home (Mar. 2020) (Ex. MET-DFW-005); Dallas County, Rules for Manufacturers and Distributors (Ex. MET-DFW-011); Dallas County Judge, Order (Aug. 11, 2021) (Ex. MET-DFW-028); Harris County, Stay Home, Work Safe Order (Mar. 24, 2020) (Ex. MET-HOU-005); Harris County business-policy mandate (Ex. MET-HOU-016; Ex. MET-HOU-020); Harris County Local Health Authority, school order (Aug. 12, 2021) (Ex. MET-HOU-038). ↩
  58. Ex. MET-DCM-001; Montgomery County (Md.) Board of Health, indoor masking regulation (Aug. 2021) (Ex. MET-DCM-023); Ex. MET-DCM-044; Philadelphia Emergency Order (Mar. 16, 2020) (Ex. MET-PHL-002); Philadelphia Safer at Home orders (Ex. MET-PHL-011; Ex. MET-PHL-012); Philadelphia Board of Health, Emergency Regulation (Aug. 12, 2021) (Ex. MET-PHL-019); Philadelphia City-contractor vaccination notice (Sept. 14, 2021) (Ex. MET-PHL-065); Atlanta Exec. Order (Mar. 2020) (Ex. MET-ATL-001); DeKalb County telework directive (Ex. MET-ATL-022); Maricopa County mask regulation (June 2020) (Ex. MET-PHX-023); Boston Public Health Comm'n orders (Ex. MET-BOS-013; Ex. MET-BOS-001); City of Boston, employee and onsite-contractor vaccination-or-testing policy (announced Aug. 16, 2021; phased in from Sept. 20, 2021) (Ex. MET-BOS-041). ↩
  59. S.F. Health Officer Order No. C19-07 (Mar. 16, 2020) (Ex. MET-SFO-001); S.F. Health Officer Order No. C19-07b (Mar. 31, 2020) (Ex. MET-SFO-002); S.F. Health Officer Order No. C19-07y (June 11, 2021; eff. June 15, 2021) (Ex. MET-SFO-008); Bay Area Health Officers, joint release announcing indoor face-covering orders (Aug. 2, 2021) (Ex. MET-SFO-071); S.F. Health Officer Order No. C19-07y as updated Aug. 2, 2021 (eff. Aug. 3, 2021) (Ex. MET-SFO-010); Marin County Health Officer face-covering order (Aug. 2, 2021; eff. Aug. 3, 2021) (Ex. MET-SFO-049); S.F. Health Officer Order No. C19-07y as updated Aug. 12, 2021 (Ex. MET-SFO-011). ↩
  60. Detroit Health Dep't, Emergency Order for Control of Epidemic, at 7-11 (Oct. 9, 2020) (Ex. MET-DET-001); Wayne County LHD, Updated Emergency Public Health Order (Oct. 16, 2020) (Ex. MET-DET-032); Oakland County Health Div., Emergency Order 2020-5 (Mar. 24, 2020; eff. noon Mar. 25, 2020) (Ex. MET-DET-029); Wayne County LHD, Emergency Public Health Order 20-02 (Mar. 26, 2020) (Ex. MET-DET-031); Oakland County Health Div., Emergency Order 2021-01 (Aug. 24, 2021) (Ex. MET-DET-013); Wayne County LHD, Emergency Order for Control of Pandemic (Aug. 27, 2021) (Ex. MET-DET-015); Detroit Public Schools Community District, Fall 2021 Reopening Plan (Ex. MET-DET-046). ↩
  61. King County Local Health Officer Order (Mar. 16, 2020) (Ex. MET-SEA-008); Everett Mayoral Directive (Mar. 20, 2020; eff. noon Mar. 23, 2020) (Ex. MET-SEA-039); King County LHO, Outdoor and Indoor Masking Orders (Sept. 2, 2021; eff. Sept. 7, 2021) (Ex. MET-SEA-002); Seattle Mayoral Directive 9 (Aug. 9, 2021) (Ex. MET-SEA-018); King County LHO, Verification of Vaccination Order (Sept. 16, 2021) (Ex. MET-SEA-001); Minneapolis Emergency Regulation 2020-1 (Mar. 16, 2020) (Ex. MET-MSP-002); Minneapolis Emergency Regulation 2020-12 (May 21, 2020; eff. May 26, 2020) (Ex. MET-MSP-009); Minneapolis Council Resolutions 2021R-177, 2021R-261 and of Sept. 10, 2021 (Ex. MET-MSP-018; Ex. MET-MSP-019; Ex. MET-MSP-020); University of Minnesota, Face Covering Protocol (Aug. 2, 2021) (Ex. MET-MSP-062); San Diego County Health Officer Order (Apr. 8, 2020; eff. Apr. 9, 2020) (Ex. MET-SAN-004); San Diego County Limited Order (June 14, 2021; eff. June 15, 2021) (Ex. MET-SAN-022); San Diego County Isolation Order (Dec. 24, 2020) (Ex. MET-SAN-023) and Quarantine Order (rev. July 22, 2021) (Ex. MET-SAN-024); Denver DDPHE Stay at Home PHO (Mar. 23, 2020) (Ex. MET-DEN-005); Denver DDPHE PHO Requiring Vaccination for Certain Entities (Aug. 2, 2021) (Ex. MET-DEN-023) as amended Sept. 1, 2021 (Ex. MET-DEN-025); Boulder County PHO 2021-08 (Sept. 2, 2021; eff. Sept. 3, 2021) (Ex. MET-DEN-033); Ex. MET-STL-006; St. Louis County Safer At Home Order (Nov. 12, 2020; eff. Nov. 17, 2020) (Ex. MET-STL-074); City of St. Louis, Health Comm'r's Order No. 1 (2021) (July 26, 2021) (Ex. MET-STL-021). ↩
  62. Clark County Code 3.04.065 (Apr. 21, 2020) (Ex. MET-LAS-026); Clark County Board of County Commissioners, emergency mitigation measure (July 20, 2021; eff. July 22, 2021) (Ex. MET-LAS-006); N.O. Mayoral Proclamation to Promulgate Emergency Orders (Mar. 16, 2020; eff. 6:00 a.m. Mar. 17, 2020) (Ex. MET-MSY-002); N.O. Health Dep't, Stay at Home Directives (Mar. 20, 2020) (Ex. MET-MSY-003); N.O. Mayoral Proclamation (May 15, 2020) (Ex. MET-MSY-005); N.O. Health Dep't, Reopening Guidelines (July 31, 2021) (Ex. MET-MSY-027); id. (Aug. 13, 2021; eff. Aug. 16, 2021) (Ex. MET-MSY-029); N.O. Exec. Order LC 21-05 (Aug. 19, 2021) (Ex. MET-MSY-032); Jefferson Parish Proclamation 10 CLS 2020 (July 1, 2020) (Ex. MET-MSY-054); Jefferson Parish Proclamation 13 CLS 2021 (Aug. 3, 2021; eff. Aug. 4, 2021) (Ex. MET-MSY-063); Honolulu Emergency Order No. 2020-02 (Mar. 22, 2020) (Ex. MET-HNL-004); Honolulu Emergency Order No. 2020-25 (Aug. 25, 2020; eff. Aug. 27, 2020) (Ex. MET-HNL-019); Honolulu Emergency Order No. 2021-11 (Aug. 30, 2021; eff. Sept. 13, 2021) (Ex. MET-HNL-035); Honolulu Proclamation and Emergency Order No. 2021-13 (Sept. 17, 2021; eff. Sept. 22, 2021) (Ex. MET-HNL-037). ↩
  63. Baltimore City Health Comm'r, Updated Directive and Order for Face Coverings (Aug. 10, 2021; "This Order is EFFECTIVE immediately") (Ex. MET-BAL-017); Baltimore County Exec. Order 2020-005 (May 15, 2020) (Ex. MET-BAL-033); Nashville Order 3 (Mar. 22, 2020; eff. Mar. 23, 2020; amended and restated Apr. 1, 2020) (Ex. MET-BNA-002); Shelby County Health Directive No. 16 (Dec. 21, 2020; eff. 12:01 a.m. Dec. 26, 2020) (Ex. MET-BNA-071); Cincinnati Emergency Ordinance 0246-2020 (July 3, 2020; eff. July 9, 2020) (Ex. MET-CIN-001); Hamilton County Courts, Joint Amended Administrative Order M210001 (Aug. 11, 2021) (Ex. MET-CIN-007); Cleveland Ordinance No. 556-2020 (July 15, 2020) (Ex. MET-CLE-058); Cuyahoga County Exec. Order EO2021-0016 (Aug. 3, 2021) (Ex. MET-CLE-009); Cuyahoga County Court of Common Pleas, vaccination orders (Aug. 31 and Sept. 10, 2021) (Ex. MET-CLE-026; Ex. MET-CLE-027); Mecklenburg County Revised Joint Proclamation (Mar. 24, 2020; eff. Mar. 26, 2020) (Ex. MET-CLT-018); Wake County Proclamation (Mar. 26, 2020; eff. Mar. 27, 2020) (Ex. MET-CLT-051); Mecklenburg County Board of Health Rule Requiring Face Coverings (Aug. 18, 2021; eff. Aug. 31, 2021) (Ex. MET-CLT-001); Charlotte-Mecklenburg Third Revised and Amended Joint Proclamation (Aug. 18, 2021) (Ex. MET-CLT-023); Columbus Ordinance 1643-2020, § 5 (July 6, 2020; eff. July 7, 2020) (Ex. MET-CMH-018); Columbus Mayor's Exec. Order 2021-01 (Sept. 10, 2021) (Ex. MET-CMH-048) and Ordinance 2388-2021 (eff. Sept. 14, 2021) (Ex. MET-CMH-050); Marion County PHO 2-2020 (Mar. 23, 2020; eff. 11:59 p.m. Mar. 24, 2020) (Ex. MET-IND-002); Marion County PHO 31-2020 (Sept. 25, 2020; eff. Sept. 28, 2020) (Ex. MET-IND-031); Marion Circuit and Superior Courts, Order (Aug. 16, 2021) (Ex. MET-IND-054); Jackson County Stay at Home Order (Mar. 22, 2020; eff. Mar. 24, 2020) (Ex. MET-KC-027); Kansas City Committee Substitute for Ordinance No. 210694 (Aug. 19, 2021) (Ex. MET-KC-002); Jackson County Health Order (Aug. 6, 2021; eff. Aug. 9, 2021) (Ex. MET-KC-045); Johnson County LHO Public Health Order (Mar. 25, 2021) (Ex. MET-KC-064). ↩
  64. Ex. MET-MKE-030; Ex. MET-MKE-005; Dane County Face Covering Emergency Order (Aug. 17, 2021; eff. Aug. 19, 2021) (Ex. MET-MKE-023); Orange County (Fla.) EEO 2020-04 (Mar. 24, 2020) (Ex. MET-ORL-004); Orange County EEO 2020-51 (Dec. 4, 2020; eff. Dec. 6, 2020) (Ex. MET-ORL-010); Orange County EEO 2021-24 (July 28, 2021) (Ex. MET-ORL-013); Allegheny County Health Dep't, Control Measure Order (July 8, 2020) (Ex. MET-PIT-004); Pittsburgh Ordinance 23 of 2021, ch. 626B (July 27, 2021) (Ex. MET-PIT-055); Fifth Judicial District AD-21-118 (Aug. 9, 2021) (Ex. MET-PIT-036); Riverside County Order (Apr. 4, 2020; eff. Apr. 5, 2020) (Ex. MET-RIV-006); San Bernardino County Health Officer Order (June 15, 2021) (Ex. MET-RIV-031); Riverside County worker-quarantine protocol (Feb. 17, 2021) (Ex. MET-RIV-017); Sacramento County Health Officer Orders (Mar. 19 and Apr. 7, 2020) (Ex. MET-SAC-001; Ex. MET-SAC-002); Sacramento County Health Officer Order (July 14, 2020) (Ex. MET-SAC-007); Sacramento County Summary Isolation and Quarantine Orders (July 28, 2020) (Ex. MET-SAC-016); Sacramento County Health Officer Order (July 29, 2021; eff. July 30, 2021) (Ex. MET-SAC-015); San Antonio Emergency Order No. 5 and Bexar County Exec. Order NW-03 (Mar. 23, 2020) (Ex. MET-SAT-006; Ex. MET-SAT-007); Bexar County Exec. Order NW-10 (June 17, 2020) (Ex. MET-SAT-025); Bexar County Exec. Order NW-21 (Aug. 10, 2021) (Ex. MET-SAT-067); Louisville Metro Government mask policy (July 30, 2021; eff. Aug. 2, 2021) (Ex. MET-SDF-017); Louisville Ordinance 057-2020 (May 14, 2020; eff. May 22, 2020) (Ex. MET-SDF-003); Fayette County Clerk closure notice (Mar. 27, 2020) (Ex. MET-SDF-021); notice that the office remains closed to the public until at least July 6, 2020 (May 19, 2020) (Ex. MET-SDF-022); reopening for in-person transactions (Apr. 12, 2021) (Ex. MET-SDF-036) (the Clerk's first notice of Mar. 16-19, 2020 is described in the text without an exhibit); Salt Lake County PHO 2020-03 (Ex. MET-SLC-042); Summit County Joint PHO 2020-03 (Mar. 25, 2020; eff. Mar. 27, 2020) (Ex. MET-SLC-005); Salt Lake City Exec. Order 3 of 2021 (July 28, 2021) (Ex. MET-SLC-029); Salt Lake City Declaration and Emergency Order: Masks (Aug. 20, 2021) (Ex. MET-SLC-030); Hillsborough County EPG Safer-At-Home Order (Mar. 26, 2020; eff. Mar. 27, 2020) (Ex. MET-TPA-005); Hillsborough County face-covering order as extended (Ex. MET-TPA-008); Tampa Exec. Order 2021-47 (Sept. 7, 2021) (Ex. MET-TPA-033). ↩
  65. Ex. VA-036; Ex. VA-037; Ex. SEC-12-063; Ex. SEC-10-043 (Virginia); Ex. MI-054; Ex. SEC-12-059 (Michigan; Rule 5(8) and the screening of "employees or contractors"); Ex. CA-023; Ex. CA-024; Ex. SEC-10-041 (California); Ex. OR-032; Ex. OR-041; Ex. OR-049; Ex. SEC-12-065; Ex. SEC-12-066; Ex. SEC-12-081 (Oregon); Ex. AGY-ST-LABOR-WORKPLACE-050; Ex. AGY-ST-LABOR-WORKPLACE-054; Ex. AGY-ST-LABOR-WORKPLACE-055; Ex. AGY-ST-LABOR-WORKPLACE-056 (Washington); Ex. AGY-ST-LABOR-WORKPLACE-028 (Nevada OSHA enforcement); Ex. NY-136; Ex. NY-127; Ex. SEC-10-031 (New York HERO Act). ↩
  66. Ex. ND-018; Ex. MN-011; Ex. MT-032; Ex. SEC-19-015; Ex. MS-012; Ex. NY-014. ↩
  67. Fayette County Clerk closure notice (Mar. 27, 2020) (Ex. MET-SDF-021); notice that the office remains closed to the public until at least July 6, 2020 (May 19, 2020) (Ex. MET-SDF-022); reopening for in-person transactions (Apr. 12, 2021) (Ex. MET-SDF-036). The motor-vehicle, recorder and clerk closures of March 2020 are held in the Library's agency records by State. ↩
  68. Ex. FED-092; Ex. FED-168; Ex. FED-094; Ex. FED-163; Ex. FED-156; Ex. SEC-19-009; Ex. SEC-19-023; Ex. SEC-19-027; Ex. SEC-19-024; Ex. SEC-19-026; Ex. SEC-19-025; Ex. OR-047; Conn. Exec. Orders No. 13B and 13F (Ex. CT-051; Ex. CT-055); Mass. PHE Order No. 2021-4 (Aug. 4, 2021) (Ex. MA-067) and 105 CMR 159.000 (Sept. 8, 2021) (Ex. MA-069); Ex. MD-058; Ex. MD-060; R.I. Dep't of Health, emergency regulation (Aug. 17, 2021) (Ex. RI-072); Me. Dep't of Health & Human Servs., emergency rule (Aug. 12, 2021) (Ex. ME-061); Del. DHSS Emergency Secretary's Orders amending 16 DE Admin. Code 4406 §§ 11.4-11.5 and 4407 (Sept. 10, 2021; eff. Sept. 30, 2021) (Ex. DE-046; Ex. DE-047); Ex. NM-068; Colo. Bd. of Health, Emergency Rule, 6 CCR 1011-1, ch. 2, Part 12 (Aug. 30, 2021) (Ex. CO-055); DC Health, COVID-19 vaccination requirement for District health care workers (announced Aug. 16, 2021; first dose by Sept. 30, 2021), recorded in the Mayor's COVID Situational Update of Aug. 16, 2021 (Ex. DC-075). ↩
  69. Kan. Exec. Order No. 20-69 (Dec. 9, 2020) (Ex. KS-037); KDHE Secretary's Order (June 18, 2021) (Ex. KS-052). ↩
  70. Ex. FED-327; Ex. SEC-19-018; Ex. SEC-19-008; Ex. FED-324; ICE, Form I-9 physical-inspection deferral (Mar. 20, 2020) and extensions (Ex. AGY-FED-LABOR-IMMIGRATION-068; Ex. AGY-FED-LABOR-IMMIGRATION-069) (agency announcements cited as context for the deferral they record, not as orders); NLRB, suspension of representation elections (Mar. 19 to Apr. 3, 2020) and office closures (Ex. AGY-FED-LABOR-IMMIGRATION-075); Ex. FED-170; Ex. SEC-19-041. ↩
  71. Clark County School District, Board vote of July 21, 2020 (Ex. MET-LAS-040); Marion County PHO 23-2020 and 26-2020 (Aug. 5-6, 2020) (cited by name); Sacramento County Health Officer, School Closure Order (Aug. 20 and 28, 2020) (cited by name); Pa. Sec'y of Health, Order Directing Face Coverings in School Entities (Aug. 31, 2021; eff. Sept. 7, 2021) (Ex. PA-042); Ky. Exec. Order No. 2021-585 (Aug. 10, 2021; terminated Sept. 7, 2021) (Ex. KY-052); Fla. Exec. Order No. 21-175 (July 30, 2021) (Ex. FL-063); N.J. Exec. Order No. 251 (Aug. 6, 2021) (Ex. NJ-055) and No. 253 (Aug. 23, 2021) (Ex. NJ-057); Ex. SEC-19-042; Ex. SEC-19-025; Ex. SEC-19-026; Mass. DESE mask requirement (Aug. 25, 2021) (Ex. MA-071); 10 NYCRR § 2.62 (Sept. 2, 2021) (Ex. NY-072); Ex. MET-DET-013; Ex. MET-DET-015; Jefferson County (Colo.) PHO 21-002 (eff. Aug. 17, 2021), First Amended (Aug. 28, 2021) (Ex. MET-DEN-102); Tri-County Health Dep't, school face-covering orders (Aug. 23 and Sept. 1, 2021) (Ex. MET-DEN-081; Ex. MET-DEN-082); Boulder County PHO 2021-07 (Aug. 9, 2021; eff. Aug. 10, 2021) (Ex. MET-DEN-032); Denver DDPHE school mask order (Aug. 17, 2021) (Ex. MET-DEN-024); Johnson County Board of Health Order 001-21 (Aug. 5, 2021; eff. Aug. 9, 2021) (Ex. MET-KC-067); Salt Lake City Declaration and Emergency Order: Masks (Aug. 20, 2021) (Ex. MET-SLC-030); Summit County Order 2021-01 (Aug. 25, 2021) (Ex. MET-SLC-016); Shelby County Health Department school masking directive (Aug. 2021) (cited by name). ↩
  72. The agencies' published service notices: King County Metro (fare suspension, rear-door boarding and service cuts from Mar. 21, 2020; face coverings from May 18, 2020); SMART (Detroit) (hourly service and commuter-route suspension from Mar. 31 and Apr. 8, 2020); Metro Transit (Minneapolis) (Saturday schedules, ten-rider limit and essential travel only); RTD (Denver) (40 percent service cut from Apr. 19, 2020; rider caps to June 13, 2021); Metro Transit (St. Louis) (essential trips only; face coverings from May 11, 2020); MCTS (Milwaukee) (ten riders per bus); TARC (Louisville) (25 passengers per bus; "essential services only" from Apr. 3, 2020); VIA (San Antonio) (Saturday schedules); COTA (Columbus) (twenty-rider cap and Essential Travel Only policy); MDOT MTA (Baltimore) ("USE TRANSIT FOR ESSENTIAL TRAVEL ONLY"); Ex. FED-020; Ex. FED-051; Ex. FED-052. ↩
  73. The court orders are held in the Library by jurisdiction; for the third quarter of 2021 see the quarters section (Ex. MN-054; Ex. KY-058; Ex. KY-059; Ex. HI-068; Ex. FL-069; Ex. TX-040) and the metro court orders cited above (Ex. MET-CIN-007; Ex. MET-CLE-026; Ex. MET-CLE-027; Ex. MET-IND-054; Ex. MET-PIT-036). ↩
  74. Ex. FED-327; Ex. SEC-19-018; Ex. SEC-19-005; Ex. SEC-19-006; Ex. FED-207; Ex. FED-208; Ex. FED-232; Ex. FED-255; Ex. FED-037; Exec. Orders No. 13909, 13910, 13911 and 13917 (Ex. FED-070; Ex. FED-071; Ex. FED-072; Ex. FED-073); HHS, Notice of Designation of Scarce Materials or Threatened Materials (Ex. FED-074). ↩
  75. Ex. FED-170; Ex. FED-171; N.Y. paid sick leave for COVID-19 quarantine, ch. 25 of the Laws of 2020 (Ex. AGY-ST-LABOR-WORKPLACE-003); N.J. earned-sick-leave amendments (Ex. AGY-ST-LABOR-WORKPLACE-005); Colo. Healthy Families and Workplaces Act (Ex. AGY-ST-LABOR-WORKPLACE-004); Ex. MET-SAN-023; Ex. MET-SAN-024; Ex. MET-SAC-016 (isolation and quarantine orders). ↩
  76. N.Y. Exec. Order No. 205 (June 24, 2020) (cited by name); Conn. Exec. Order No. 7III; Mass. COVID-19 Order No. 45; Haw. traveler quarantine (Ex. HI-003); Alaska Health Mandate 010; the New Mexico Public Health Orders; Kentucky's traveler advisory; Pa. Sec'y of Health, Order for Mitigation Relating to Travel (Nov. 17, 2020; eff. Nov. 20, 2020) (Ex. PA-021); Chicago Emergency Travel Order (Ex. MET-CHI-019). ↩
  77. The federal layer and the sector regulators above; CMS, QSO-20-13-Hospitals (screening of every entrant) (Ex. FED-096); Ex. FED-156; Ex. FED-092; Ex. SEC-19-009; Ex. SEC-19-023; Ex. SEC-19-027; Ex. SEC-19-026; Ex. SEC-19-024; Ex. SEC-19-025. ↩
  78. Ex. DUT-TX-001 to Ex. DUT-TX-006 and Ex. DUT-TX-012 to Ex. DUT-TX-015 (the Texas layer as the worked example); 29 U.S.C. § 654(a)(1) (Ex. DUT-FED-001); the statute page of this site (the source and addressee of the order are irrelevant; "appropriate governmental authority"); Notice 2021-20, 2021-11 I.R.B. 922, Q&A-10, at 928 (Ex. LAW-101) (orders "from the Federal government or any State or local government"). ↩
  79. Tex. Exec. Order GA-28 (June 26, 2020) (Ex. TX-021); Tex. Exec. Order GA-32 (Oct. 7, 2020) (Ex. TX-025); Cal. State Public Health Officer Order of May 7, 2020, ¶¶ 2-3 (Ex. CA-015); Cal. State Public Health Officer Order of Aug. 28, 2020 (the Blueprint), ¶¶ 1, 8 (Ex. CA-017); Cal. Dep't of Pub. Health and Cal/OSHA, COVID-19 Industry Guidance: Retail (July 29, 2020) (Ex. DUT-CA-014) ("Employers must provide face coverings to workers or reimburse workers for the reasonable cost of obtaining them"); Fla. Exec. Order 20-112, §§ 4.A, 7 (eff. May 4, 2020) (Ex. FL-022); Fla. Exec. Order 20-123, § 1 (Ex. FL-027); N.Y. Exec. Order 202.6 (Mar. 18, 2020) (Ex. NY-003); Empire State Development, guidance of Mar. 20, 2020, as updated (Ex. NY-091) ("Essential Businesses must continue to comply with the guidance and directives for maintaining a clean and safe work environment issued by the Department of Health"); N.Y. Exec. Order 202.31 (Ex. NY-022); Or. Exec. Order 20-12, ¶¶ 6, 9 (Mar. 23, 2020) (Ex. OR-007) (no business to operate "unless the business designates an employee or officer to establish, implement, and enforce social distancing policies, consistent with guidance from the Oregon Health Authority"); Or. Exec. Order 20-25, ¶ 7(c) (May 14, 2020) (Ex. OR-017); Or. Exec. Order 20-66, ¶ 2 (Dec. 2, 2020) (Ex. OR-035) (OHA's "binding guidance for the public, for employers, and for particular sectors of the economy"); Mo. Dep't of Health & Senior Servs., Stay Home Missouri Order (Apr. 3, 2020; eff. Apr. 6, 2020) (Ex. MO-004) ("including maintaining six feet (6') of space between individuals"); Ariz. Exec. Order 2020-36, ¶ 5 (May 12, 2020) (Ex. AZ-019); Ariz. Exec. Order 2020-40, ¶ 3 (June 17, 2020) (Ex. AZ-020); Office of the Governor of Arizona, Requirements for Businesses (June 17, 2020) (Ex. DUT-AZ-013) ("shall develop, establish, implement and enforce policies that adopt guidance from" the CDC, the Department of Labor, OSHA and ADHS). ↩
  80. Tex. Exec. Order GA-21 (May 5, 2020) (Ex. TX-014) ("should use good-faith efforts and available resources to follow the minimum standard health protocols recommended by DSHS"); Tex. Exec. Order GA-34 (Mar. 2, 2021; eff. Mar. 10, 2021) (Ex. TX-029) ("strongly encouraged"); Ariz. Exec. Order 2021-06, ¶ 2 (Mar. 25, 2021) (Ex. AZ-037) ("are encouraged to continue to take actions recommended by the CDC"); Cal. State Public Health Officer Order of June 11, 2021, ¶ 4 (Ex. CA-029) ("will not be mandatory"); Fla. Exec. Order 20-139, §§ 2, 4, 7 (eff. June 5, 2020) (Ex. FL-034) (§ 2 "guidance and not enforceable under section 252.47, Florida Statutes"; § 4 enforced "under section 252.47, Florida Statutes, and by the Department of Business and Professional Regulation"); Tri-State at 20-21 (the Proclamation "provided the guidance and procedures that the businesses were required to adhere to and follow to be compliant with the order"). ↩
  81. Texas: Tex. Health & Safety Code § 81.002 (Ex. DUT-TX-001); §§ 81.081, 81.082 (Ex. DUT-TX-002); § 81.085(h) (Ex. DUT-TX-005); § 81.087 (Ex. DUT-TX-006); Tex. Penal Code §§ 12.22, 12.34 (Ex. DUT-TX-019); Tex. Gov't Code § 418.173 (Ex. DUT-TX-012) (fine to $1,000 and confinement to 180 days); Court of Appeals of Texas, Eighth District, corrected opinion of Nov. 13, 2020, at 12 (Ex. TX-047) (GA-32's "declarations regarding occupancy, the size of group meetings, activities that person may engage in, and the conduct of business ... become state law"). California: Cal. Health & Safety Code §§ 120175-120250 (Ex. DUT-CA-002); §§ 120275-120300 (Ex. DUT-CA-003); Cal. Gov't Code § 8665 (Ex. DUT-CA-007) (misdemeanor; $1,000 or six months). Florida: Fla. Stat. § 381.00315 (2020) (Ex. DUT-FL-001); § 252.36(1)(b) (Ex. DUT-FL-005) (executive orders "shall have the force and effect of law"); § 252.47 (Ex. DUT-FL-007); § 252.50 (Ex. DUT-FL-008). New York: N.Y. Pub. Health Law § 12 (Ex. DUT-NY-001) (civil penalty "not to exceed two thousand dollars for every such violation"); § 12-b (Ex. DUT-NY-002); § 2100 (Ex. DUT-NY-007); N.Y. Exec. Law § 29-a (Ex. DUT-NY-010), with the § 12-b(2) penalty recited in Exec. Order 202.14 (Ex. NY-016). Oregon: ORS 401.192(1), 401.990 (Ex. DUT-OR-004); ORS 431A.010 (Ex. DUT-OR-002); ORS 433.441 (Ex. DUT-OR-001) (the Governor's power to close facilities and control "the occupancy of premises," cited as the source of the orders' force). Missouri: Mo. Rev. Stat. § 192.020 (Ex. DUT-MO-001) (the department "shall make and enforce adequate orders"); § 192.320 (Ex. DUT-MO-004); § 44.130.2 (Ex. DUT-MO-006). Arizona: A.R.S. § 36-787 (Ex. DUT-AZ-001) (law enforcement "shall enforce orders issued by the governor"); § 36-630 (Ex. DUT-AZ-004); § 26-317 (Ex. DUT-AZ-007). ↩
  82. 29 U.S.C. § 654(a)(1) (Ex. DUT-FED-001; Ex. DUT-FL-015); Tex. Labor Code § 411.103 (Ex. DUT-TX-013); Cal. Lab. Code §§ 6400, 6401 (Ex. DUT-CA-009); 8 C.C.R. § 3203 (Ex. DUT-CA-011); Cal. Lab. Code § 6423 (Ex. DUT-CA-010); 8 C.C.R. §§ 3205-3205.4 (Ex. CA-023; Ex. CA-024); N.Y. Labor Law § 200 (Ex. DUT-NY-013); N.Y. Labor Law § 218-b (Ex. DUT-NY-014), with the model standards of July 6, 2021 and the Commissioner of Health's designation of Sept. 6, 2021 (Ex. NY-129; Ex. NY-127); ORS 654.010, 654.022 (Ex. DUT-OR-005) ("Every employer shall furnish employment and a place of employment which are safe and healthful for employees therein"); OAR 437-001-0744 (Ex. OR-032; Ex. OR-041); Or. OSHA, citation list of June 2, 2021 (Ex. DUT-OR-014) (159 citations); Mo. Rev. Stat. § 292.300 (Ex. DUT-MO-008); A.R.S. § 23-403 (Ex. DUT-AZ-008); § 23-418 (Ex. DUT-AZ-009). ↩
  83. OSHA, Interim Enforcement Response Plan for Coronavirus Disease 2019 (Apr. 13, 2020) (Ex. AGY-FED-LABOR-IMMIGRATION-020); the Smithfield and JBS citations of September 2020 (Ex. AGY-FED-LABOR-IMMIGRATION-031; Ex. LAW-487; Ex. AGY-FED-LABOR-IMMIGRATION-095); U.S. Dep't of Labor, news release of Jan. 8, 2021 (Ex. DUT-FED-067) ("issued citations arising from 300 inspections for violations relating to coronavirus, resulting in proposed penalties totaling $3,930,381"); OSHRC, Decision and Order, Docket No. 21-0432 (June 6, 2022) (citation Apr. 8, 2021) (Ex. DUT-FED-073); the National Emphasis Program of July 7, 2021, cited above (the federal layer, the third quarter of 2021). ↩
  84. Tex. Civ. Prac. & Rem. Code § 148.003(a) (Ex. DUT-TX-015); S.B. 6, § 5(a) (Ex. DUT-TX-014) (actions commenced on or after Mar. 13, 2020); Fla. Stat. § 768.38 (ch. 2021-1, Laws of Fla., Mar. 29, 2021; § 4: "This act applies retroactively and prospectively") (Ex. DUT-FL-012); Laws 2021, ch. 179, §§ 1-2 (S.B. 1377), A.R.S. §§ 12-515, 12-516 (Ex. DUT-AZ-010) ("This act applies retroactively to from and after March 10, 2020"); Cal. Evid. Code § 669 (Ex. DUT-CA-013); N.Y. Pub. Health Law § 3082 (Ex. DUT-NY-016), repealed by L. 2021, ch. 96 (Apr. 6, 2021) (Ex. DUT-NY-018); Or. Laws 2020 (3d Spec. Sess.), ch. 4, § 2 (Ex. DUT-OR-008); Shahtout v. Emco Garbage Co., 298 Or. 598, 695 P.2d 897 (1985) (Ex. DUT-OR-019) (negligence per se from omission of a legislatively or administratively required safeguard); S.B. 51 & 42, 101st Gen. Assemb. (Mo. 2021), §§ 537.1000-537.1035 (eff. Aug. 28, 2021) (Ex. DUT-MO-011). ↩