As a result of the ongoing COVID-19 pandemic, on March 19, 2020, California Governor Gavin Newsom issued EXECUTIVE ORDER N-33-20) (“Order”) directing “all individuals living in the State of California to stay home or at their place of residence” except as needed to (1) obtain “necessities such as food, prescriptions, and health care,” and (2) “to maintain continuity of operations of the federal critical infrastructure sectors,” outlined at https://www.cisa.gov/identifying-critical-infrastructure-during-covid-19. Californians who work in any of the 16 identified critical infrastructure sectors may continue working because of their importance to the health and well-being of California residents. The 16 critical infrastructure sectors are:
- Chemical – including basic, special, and agricultural chemicals, pharmaceuticals, and consumer products
- Commercial Facilities – including entertainment and media, gaming, lodging (hotels, motels), real estate, retail, sports leagues
- Communications – including terrestrial, satellite, and wireless transmission systems
- Critical Manufacturing – including metals, machinery, electrical equipment, appliance, and components, and transportation equipment
- Defense Industrial Base – including Department of Defense contractors and suppliers
- Emergency Services – including police departments and fire departments, county sheriff’s offices, public works departments, private security organizations, and private emergency medical service providers
- Energy – electricity (including traditional electric utilities, nonutility power producers, coal, nuclear power, hydroelectric, and renewable sources), oil, natural gas
- Financial Services – including banks, credit unions, depository institutions, investment banks, insurance companies, credit and financing organizations
- Food and Agriculture – including farms, restaurants, food manufacturing, processing, and storage facilities
- Government Facilities
- Healthcare and Public Health
- Information Technology – including hardware, software, and internet service providers
- Nuclear Reactors, Materials, and Waste
- Transportation Systems – including aviation, highway and motor carrier (roads, bridges, automobiles and commercial vehicles, school buses, traffic management systems, vehicle and driver licensing agencies), maritime transportation, mass transit and passenger rail, pipeline systems, freight rail, postal and shipping
- Water and Wastewater Systems
In addition to the 16 critical infrastructure sectors listed above, the California Department of Public Health has also identified the additional areas of (1) critical government services, (2) schools, (3) childcare, and (4) construction, including housing construction, as sectors that can continue operation under the Order, which went into effect immediately on March 19, 202o and remains in effect until further notice (https://covid19.ca.gov/stay-home-except-for-essential-needs/).
While the Order is in place, essential services including gas stations, pharmacies, grocery stores, banks, and laundromats will remain open, but dine-in restaurants, bars and nightclubs, entertainment venues, gyms, convention centers and public gathering spaces will be closed for the duration of the Order. Essential businesses will continue to operate, while non-essential businesses have to close their physical locations and, if possible, allow their employees to work remotely from home. Employers must determine whether they are deemed to be essential or non-essential under the Order and act accordingly. Non-essential businesses should have their employees work remotely, if possible; otherwise, they must close centralized physical operations.
In addition to staying at home as required by the Order, we also recommend that all individuals comply with the social distancing guidelines set forth within their own locality and county. For example, as of March 20, 2020, all public and private gatherings of 10 or more people are prohibited in Los Angeles County. As the situation with the COVID-19 pandemic continues to unfold, Cabada & Hameed LLP will stay apprised of developments and provide further updates.