
California has begun to reopen some non-essential businesses. Many counties, including Alameda, Contra Costa, Los Angeles, Marin, San Francisco, and San Mateo (just to name some), have issued orders to enter the State’s initial Phase 2 plan. In addition, Santa Clara County has issued an order that will be effective on May 22, 2020 that also allows some non-essential businesses to reopen. In the initial Phase 2 plan, certain specified businesses may open, such as retail businesses (for curbside pickup only), subject to compliance with state and local directives for safety. This often includes the implementation of written protocols, which vary jurisdiction-by-jurisdiction and industry-to-industry. Over the weekend, the CDC also issued industry-specific guidelines for consideration in the reopening process, which may be accessed here at Appendix F.
The State has authorized counties to maintain stricter orders and delay the start of Phase 2 to account for specific local concerns, as needed.
Numerous other counties have moved forward to allow an even broader reopening of businesses. As of May 19, 2020, 23 counties in California have submitted variation attestations to the State’s Department of Health, which allows counties to proceed to reopen dine-in restaurants (without bars or gaming areas) and destination retail stores such as shopping malls and swap meets, according to their county specific plan and with modifications for safety. The 23 counties are Amador, Butte, Calaveras, Colusa, Del Norte, El Dorado, Glenn, Humboldt, Inyo, Lassen, Mariposa, Modoc, Nevada, Placer, Plumas, San Benito, Shasta, Sierra, Siskiyou, Tehama, Trinity, Tuolumne, Yuba-Sutter, all of which are comparatively sparsely populated and located in the northern part of the State.
Which county will apply next? How soon can counties with a larger or denser population submit attestations to obtain variances? The answers to these questions are sure to be forthcoming, and changes are developing with each passing day.
If you have any questions or concerns about whether you may reopen, about how to ensure that you are in compliance with local and State restrictions and guidelines and about what protocols and policies you need to implement to open safely, please contact the authors of this blog or the other attorneys at AALRR.
- Partner
Catherine Lee specializes in employment, financial institution, and complex commercial litigation as well as data security and privacy.
Ms. Lee counsels and represents employers of all sizes. She has prevailed in state and ...
- Partner
Michael J. O’Connor Jr. represents businesses and employers throughout the region in class action defense, regulatory compliance, collective actions, commercial proceedings, and claims ranging from alleged wrongful ...
- Associate
Ethan Solove represents clients in both business litigation and business transactional matters. In his litigation practice, Mr. Solove represents corporate and individual clients in a wide variety of matters in federal and state ...
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