The COVID Project
The record
- Jurisdiction
- West Virginia (Berkeley, Jefferson and Morgan Counties; parallel orders for Harrison, Kanawha, Monongalia, Marion, Cabell, Ohio, Wayne, Wood and Jackson Counties) · West Virginia
- Level
- State
- Authority
- Exec. Order 20-20 paras. 2-3 (W. Va. Apr. 3, 2020) (Ex. WV-017)
- Issued
- 2020-04-03 Apr. 3, 2020
- Effective
- 2020-04-04 12:00 a.m. (read as 2020-04-04)
- End
- Terminated 12:00 a.m. May 19, 2020 (EO 38-20; Ex. WV-032) (read as 2020-05-19)
- In force
- Apr. 4, 2020 to May 19, 2020
- Quarters
- 2020 Q2
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Telework mandateGathering capWorkplace rulesOperating conditionOther
- Addressees
- employers (all Essential Businesses and Operations, private and public) in the twelve hotspot counties; businesses open to the public there
- Character
- order operating condition
- Collection
- Standing duties: West Virginia DUT-WV
Operative words
All Essential Businesses and Operations conducted by both private and public employers in Berkeley County, Jefferson County, and Morgan County shall order their employees and/or contractors, to the maximum extent possible, to work from their home or residence, or to otherwise work remotely. 3. Local health departments... are hereby directed to establish and enforce protocols to limit occupancy
Penalty
Enforcement by local health departments under W. Va. Code §§ 16-2-13 and 16-2-15 (Exs. DUT-WV-004, DUT-WV-005) with State Police and National Guard support; EO 9-20 para. 7
What it required
Every essential employer to order its employees and contractors to work from home 'to the maximum extent possible'; every business open to the public to operate under occupancy protocols set 'on an individual-per-square-foot-basis' by the local health department 'in consultation with the State Health Officer,' with the National Guard 'directed to support such county initiatives' and the State Police 'directed to provide such support in enforcing the terms of this Order and lawful orders issued by such agencies.' The verbs are 'shall order' and 'directed to establish and enforce.'
Retrieval noteThe telework mandate is a gubernatorial order directed at the employer's own workforce; a remote operation under it was an operation the order changed, not a choice.