Dear Retail Clients and Friends,

We wanted to reach out regarding the requirement in multiple California counties that employers put in effect a social distancing protocol by midnight tomorrow which, of course, affects any California operations where you currently have employees reporting to work. The Social Distancing Protocol must explain how the business is achieving various safety measures such as limiting the people in a facility, providing soap/hand sanitizer, and providing contactless payment systems (including disinfecting all payment portals, pens, and styluses after each use).

The orders are enforceable by fines, imprisonment, or both. Even before these orders, there have been reports of unannounced visit by various enforcement officials appearing at worksites and demanding to review social distancing plans (including in Fremont, California, Orlando, Florida, Kentucky, and in New York state). In one case, we understand that local officials shut down an employer’s place of business for failure to have a social distancing policy and a safe workplace. With these orders, we can expect enhanced enforcement efforts.

Read our firm’s LawFlash on these orders that provides more detail.