The governor's press release described non-essential businesses to include public-facing industries such as entertainment, hospitality, and recreation facilities, gyms, casinos, concert venues, theaters, sporting event venues and golf courses, as well as retail facilities, including shopping malls, except for pharmacy or other health care facilities within retail operations.
Essential services and sectors were described in the press release to include, among others, food processing, agriculture, industrial manufacturing, feed mills, construction, trash collection, grocery and household goods (including convenience stores), home repair/hardware and auto repair, pharmacy and other medical facilities, biomedicine and health care, post offices and shipping outlets, insurance, banks, gas stations, laundromats, veterinary clinics and pet stores, warehousing, storage, and distribution, public transportation, and hotel and commercial lodging.
The press release went on to encourage other businesses, including legal services, business and management consulting, professional services and insurance services, to have employees work remotely or telecommute if possible.
Finally, the press release made clear that while the guidance is not yet obligatory, the governor and the secretary of health believe that they retain the authority to compel closures under the law, including section 7301 of the Emergency Management Services Code, for the interest of public health. Among other things, 35 Pa. C.S. section 7301 authorizes the governor to issue executive orders, proclamations and regulations which shall have the force and effect of law following emergency declarations. It does not appear that there are any reported cases which have considered whether section 7301 authorizes the governor to compel such business closures.
Given the non-mandatory nature of the governor’s announcement, each business will need to make its own determination as to how it is impacted based on the products and/or services it provides and the client base that it serves. Those determinations can impact issues ranging from labor and employment to potential insurance coverage. For that reason, we suggest that you consult with our dedicated COVID-19 response team with any questions.
For further information, please see our Coronavirus (COVID-19) Resource Center or reach out to the Reed Smith Coronavirus Risk Management Support team.
Client Alert 2020-103
