In addition to the state-by-state information below, we’re also sharing a downloadable PDF called “An Employer’s Guide To Pandemics.” This is a valuable resource full of information about how employers can navigate the complexity of a pandemic. This includes topics such as:

  • The CARES Act (Coronavirus Aid, Relief, and Economic Security Act)
  • The WARN Act (Worker Adjustment and Retraining Notification Act)
  • The FMLA (Family and Medical Leave Act)
  • Coronavirus Guidance for the Workplace from the EEOC
  • and more!

We hope you find these resources helpful.

MEMBER ALERT: COVID-19 STATE BY STATE ACTIVITY

Note: this is subject to change at any time. We will try to keep this updated as needed. For more information, please visit NLBMDA. Last updated: 04/07/20.

Alabama – No “stay at home” order has been issued to date. On March 27, the governor issued an executive order which closed various businesses such as entertainment venues, gyms, and beaches. The order does not specifically prohibit manufacturers or construction businesses from staying open.

Alaska – On March 27, the governor issued two health mandates related to COVID-19, order 011 and 012. Order 011 orders the closure of non-essential businesses while order 012 bans in-state air travel. “Essential infrastructure”, including construction, is exempted from both orders.

Arizona – A “stay at home” order has been issued. Essential businesses are exempt as referenced in a previous executive order and includes construction and manufacturing. Open businesses must follow social distancing and CDC guidelines.

Arkansas – No “stay at home” order has been issued to date. On March 25, the governor issued an executive order restricting mass gatherings of no more than 10 people. Manufacturing and construction are exempted from this order.

California – The California State Public Health Officer and Director of the California Department of Public Health is ordering all individuals living in the State of California to stay home or at their place of residence, except as needed to maintain continuity of operation of the federal critical infrastructure sectors, critical government services, schools, childcare, and construction, including housing construction.

A number of Northern California jurisdictions have limited their definition of essential business to exclude most construction activities. The jurisdictions are: Alameda CountyContra Costa CountyMarin CountySan Francisco City/CountySan Mateo CountySanta Clara CountySonoma County, and the city of Berkeley. The orders for all of them are substantially similar.

Colorado – The “workforce reduction” order has now become a “stay at home” order. The Public Health Order lists Construction and building supply stores are critical businesses, as well as “any manufacturing necessary to support a critical business.”

Connecticut – On March 20, the governor issued a “stay in place” executive order. The state adopted the federal government’s CISA guidance to define which “essential” businesses are exempt from closure. This guidance now recognizes construction, building product manufacturers and their supply chains as essential critical infrastructure, allowing them to remain open.

Delaware – “Stay in place” order has been issued. There is a manufacturing exemption for “workers necessary for the manufacturing of materials, goods, products or similar distribution.”

Florida – A statewide “safer at home” order was issued by Gov. DeSantis. The order references the DHS/CISA list for essential businesses that may remain open, which includes manufacturing, construction and the supply chain. The order also supersedes the numerous local orders that have already been issued in the state

Georgia – On March 23, the governor issued a “stay at home” order which only applies to vulnerable populations (those with cancer, chronic lung disease, and those living in nursing homes and assisted living facilities). Businesses are still allowed to operate as long as they are able to adhere to social distancing protocols. On March 24, the Mayor of Atlanta issued a “stay in place” order for city residents. The order lists “essential infrastructure”, including construction, as exempt.

Hawaii – “Stay at home” order has been issued. Manufacturers and construction appear to be exempted.

Illinois – A “shelter in place” order has been issued. The order exempts manufacturing and construction.

Idaho – A “self-isolation” order has been issued. For exemptions, it references the DHS/CISA list of essential businesses (which includes wood products manufacturing) and further adds construction.

Indiana – “Stay at home” order has been issued. Both manufacturing and construction appear to be exempt.

Iowa – On March 17, the governor issued an executive order which prohibits mass gatherings of more than 10 people but limits it to “social, community, spiritual, religious, recreational, leisure, and sporting gatherings and events.” Manufacturers and construction businesses are not impacted by this order.

Kansas – The “no mass gathering” order has changed to a “stay at home” order. Construction and the manufacture of construction materials are exempt from the order.

Kentucky – A “stay at home” order has been issued. For exemptions, it references the DHS/CISA list of essential businesses which now recognizes construction, building product manufacturers and their supply chains as essential.

Louisiana – “Stay at home” order is now in place. It does not apply to manufacturing facilities.

Maine – A “business closure” order has been issued. For exemptions, it references the DHS/CISA list of essential businesses (which includes wood products manufacturing) and further adds “construction and maintenance of essential infrastructure.”

Maryland – A “stay at home” order has been issued instead of Gov. Hogan’s previous “stay in place” order. The new order references the DHS/CISA list for essential critical infrastructure businesses allowed to operate, which now includes construction, building product manufacturing and its supply chain.

Massachusetts – “Stay in place” order has been issued. The state is generally following the federal DHS CISA list which exempts wood product manufacturing. There is a form for a company to request an individual company waiver.

Michigan – “Stay in place” order has been issued. It cites the CISA list but also expands on it by allowing industries on the CISA list to also designate their suppliers and distributors as essential.

Minnesota – A “stay at home” order has been issued. Further guidance has been issued on essential businesses here. The “stay at home” order references the DHS/CISA list for essential business but also has a list of NAICS codes of businesses eligible for exemptions, which includes wood and plastics products manufacturers, as well as construction.

Mississippi – A “no mass gathering of 10 or more” order has been issued. Exemptions have been issued for essential businesses on the DHS/CISA list with additional exemptions for construction and manufacturing.

Missouri – The governor has recommended the cancellation of public events of over 50 people. However, there have been no other formal restrictions which impact manufacturers or construction businesses.

Montana – A “stay at home” order has been issued. Manufacturing and construction are listed among the exemptions for essential businesses.

Nebraska – The state health department has recommended limiting public events to no more than 50 people. However, there have been no other formal restrictions which impact manufacturers or construction businesses.

Nevada – A “stay at home” order has been issued. It had previously been “No gatherings over 10” order. The list of essential businesses allowed to operate has not changed from the previous order issued March 20 and includes manufacturing and construction.

New Hampshire – A “stay at home” order has been issued. A list of essential businesses exempt from the order has been issued. Manufacturing and construction are included on the list.

New Jersey – A “stay at home” order has been issued. Manufacturing and construction may continue to operate, but the state calls on businesses to limit staff on site to the minimal number needed for essential operations.

New Mexico – A “stay in place” order has been issued. Manufacturing and construction are listed among the exemptions for essential businesses.

New York – With conditions worsening in New York, Gov. Cuomo has halted all non-essential construction except for emergencies or projects that would be unsafe if they stopped. Essential construction is considered to be roads, bridges, transit facilities, utilities, hospitals or health care facilities, affordable housing, and homeless shelters.

North Carolina – A “stay at home” order has been issued. Manufacturing and construction are listed among the exemptions for essential businesses.

North Dakota – The governor has signed an executive order declaring a state of emergency and recommending that residents limit gatherings to under 50 people. There are no restrictions on manufacturing or construction operations.

Ohio – The governor issued a stay-at-home order for the state’s residents. However, this order does classify construction as an “essential service,” as well as manufacturing and distribution in support of construction. These businesses may continue to operate but adhere to social distancing requirements.

Oklahoma – A limited “stay in place” order has been issued which closes business in 19 counties with higher infection rates. It only references the DHS/CISA list for essential businesses which now recognizes construction, building product manufacturers and their supply chains as essential.

Oregon – On March 23, the governor issued an executive order that closes businesses “for which close personal contact is difficult or impossible to avoid” such as restaurants, entertainment venues and gyms. This does not appear to apply to manufacturers and construction companies. All companies still in operation are required to designate one employee to enforce social distancing measures.

Pennsylvania – Gov. Wolf has issued a statewide “stay at home” order, which had previously been restricted to certain counties. As previously reported, the update to the list of essential businesses allowed to operate includes wood, plastics, glass and steel product manufacturing. However, the only exemption for construction is still just emergency repairs.

Rhode Island – A “stay at home” order has been issued. The order closes “certain retail” businesses but does not address any other business sector.

South Carolina – On March 31, the governor issued an executive order closing certain non-essential businesses. Manufacturers and construction businesses can continue to remain open.

South Dakota – On March 25, the governor issued an executive order encouraging businesses to modify practices and scale down operations. However, it doesn’t appear to have the force of law, and no other formal restrictions have been ordered.

Tennessee – A “safer at home” order has been issued (it is not a mandated shelter in place order). The new order references the DHS/CISA list for essential critical infrastructure businesses allowed to operate, which now includes construction, building product manufacturing and its supply chain.

Texas – No statewide restrictions relating to manufacturing or construction have been issued.

Vermont – A “stay at home” order has been issued. Nearly all manufacturing and construction has been ordered closed except those in support of COVID-19 relief. Building supply dealers are allowed to remain open. The state has published an FAQ with more details on which business by NAICS code are allowed to stay open.

Virginia – A “stay at home” order has been issued. Previously it had been a ban on gatherings over 10. Gov. Northam’s order does not address any business closures other than the retail businesses addressed in his previous order.

Washington – “Stay at Home” order has been issued. For essential businesses, the DHS/CISA list is cited, which includes an exemption for wood products manufacturing. Additionally, the state has issued its own more expansive list which states: The Critical Manufacturing Sector identifies several industries to serve as the core of the sector: Primary Metals Manufacturing, Machinery Manufacturing, Electrical Equipment, Appliance, and Component Manufacturing, Transportation Equipment Manufacturing Products made by these manufacturing industries are essential to many other critical infrastructure sectors.” To clarify a business’ status, they should email [email protected] or register here. Further guidance has been issued by the governor which states that construction is not eligible for exemptions.

West Virginia – “Stay at home” order has been issued. Both manufacturing and construction appear to be exempt.

Wisconsin – A “Safer at Home” order has been issued. Manufacturers and construction appear to be exempted.

Wyoming – On March 19, the governor issued an executive order closing bars, restaurants, gyms, theaters, schools, and childcare facilities. Manufacturers and construction companies are not impacted by this order.

Please note these updates do not constitute legal advice. Information contained may be subject to interpretation and companies should consult with their own counsel.