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Guide to reopening businesses after the pandemic

May 2020 employment law letter
Authors: 
Mitzi L. Hill, Taylor English Duma LLP

As shelter-at-home (SAH) orders for many states during the COVID-19 outbreak have begun expiring, companies across the country are starting to think about how and under what circumstances they will reopen. Although it’s early in the process, several themes have emerged.

Opening will be slower than closing

Much of the country shut down during a two-week period. In contrast, the expiration of the SAH orders will take weeks and may continue through as late as the end of May. In addition, the orders closed down nonessential businesses rapidly, often with just a few days’ notice. The reopening orders haven’t been as dramatic because (1) many have started with only a handful of businesses, and (2) we’ve had quite a lot of lead time to understand them.

Thus, depending on where your company is located and what industry you’re in, the reopening is likely to proceed in phases. Other factors may include customer demand and supply chain challenges, which may be slow to improve.

Some restrictions likely to remain in place

Although the SAH orders are unlikely to survive the reopening orders, it’s very likely your business will have to accommodate social-distancing requirements for several weeks. You may be required or encouraged to:

  • Limit the number of occupants for any particular building;
  • Offer alternative delivery methods for goods and services (e.g., online, curbside, home delivery); and
  • Stagger admissions and work shifts.

Health and safety rules likely to be complex

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