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COVID-19 State Regulations in the Mountain Region

Emily Hartman /

[Updated 7/1/20]

Below is a round-up of COVID-19 state regulations for employers navigating how their business will get back to work. If you believe there may be a discrepancy between a state and local order that affects you or your business, you should contact your local government and/or competent local counsel for further advice.

We’ll keep this updated as much as we can, but double-check with the local governments to ensure you’ve got the latest information.

Arizona COVID-19 State Regulations

Reopening: Arizona Returning Stronger Step by Step Plan

Under the plan, Returning Stronger, Arizona has issued several Executive Orders to begin easing restrictions on state businesses and services. It should be noted that Returning Stronger also includes extending stay home, social distancing orders through May 15, 2020.

A Return Stronger fact sheet outlines what services can begin in May. Notable dates include:

  • May 1, 2020: Executive Order 2020-32 outlines specific allowance for elective surgeries and healthcare.
  • May 4, 2020: Retail businesses can sell products via delivery, window service, walk-up, drive-thru, or curbside pickup.
  • May 8, 2020: Those retail stores can begin limited in-person operations, provided they adhere to social distancing and sanitation requirements provided by the federal government and Arizona Department of Health Services.
  • May 8, 2020: Barbers, cosmetology, and dine in restaurants may reopen, provided that physical distancing requirements are met. Guides for these industries can be found here, addressing safety measures and PPE.
  • May 11, 2020 restaurants and coffee shops are to reopen with safety measures in place.

Face coverings are strongly encouraged, but not required, when individuals are in public, especially on mass transit. See page 30 of the Arizona Together Presentation.

Update: Executive Order 2020-36, Stay Healthy, Return Smarter, Return Stronger, was issued for businesses to begin reopening, as long as they adhere to safety requirements, including limiting gatherings of people to 10 people, hygiene, and sanitation.

Update 6/19/20: Executive Order 2020-40 was issued to ensure that local orders should follow state guidance, until a time when the Department of Health Services determines that local contact tracing and investigations are available. Local governments may issue their own guidance about face coverings in public. Under this Order, Requirements for Businesses was published to outline guidance to prevent the transmission of COVID-19.

Additional Resources

New: Requirements for Businesses

New: Executive Order 2020-40

New: Executive Order 2020-36

Executive Order 2020-32

Executive Order 2020-33

Executive Order 2020-34

Guidance for Restaurants Providing Dine-in Services

Guidance for Retail

Guidance for Barbers and Cosmetologists

Arizona Department of Health

Arizona Return Stronger Step by Step Plan

Arizona Together Presentation Slides

Stay Home Order

Who: Arizona employers and employees

When: March 31- 2020 to April 30, 2020 (Extended to May 15, 2020, under Executive Order 2020-33)

What: Governor Doug Ducey issued an Executive Order, “Stay Home, Stay Healthy, Stay Connected,” to restrict state residents from leaving their homes with a few exceptions:

  • Taking part in any “Essential Activities,”
  • Any work, volunteering, or activity related to “Essential Functions,”
  • Using Essential Business services or products
  • Jobs, where the individual is the sole proprietor, or the business, is family-owned and the work is conducted in a space outside the individual’s home and isn’t open to the public.

People won’t be required to show documents or proof that their activities meet these exceptions.

“Essential Activities” include the following:

  • Getting supplies and services for family, household members, and pets;
  • Tasks that are necessary for the health and safety of family, household members, and pets;
  • Supporting and caring for family members, friends, or pets at home or in other households;
  • Outdoor exercises, like walking, hiking, running, biking, golfing, as long as people maintain social distancing of at least 6 feet apart;
  • Working or volunteering for Essential Functions activities, including taking children to child care if the individual works for an Essential Function; and
  • Participating in activities that are protected by the U.S. Constitution, like speech and religion.

Additionally, Governor Doug Ducey issued an Executive Order to ban counties and other local jurisdictions from ordering restrictions that would overstep on the state’s definition of an “Essential Function.”

The Governor outlined categories of industries that make up “Essential Functions:”

  • Health care and public health
  • Human services
  • Essential infrastructure
  • Essential government
  • Stores that sell groceries and medication
  • Food, beverage, agriculture
  • Outdoor recreation
  • Charities and social services
  • Media
  • Gas station and transportation businesses
  • Financial services
  • Hardware and supply retail
  • Trades
  • Mail, shipping, delivery services
  • Laundry services
  • Educational institutions
  • Restaurants for carry out
  • Office supply retailers to support telework
  • Retailers that support essential business operations
  • Transportation
  • Residential, home care facilities and shelters
  • Professional and personal services
  • Child care facilities
  • Manufacturing, distribution, and supply chain for essential products and industries
  • Lodging
  • Funeral

Non-Essential Businesses must close their physical locations, although they may telework or participate in activities that don’t take place onsite or in-person. Businesses may maintain minimal basic operations like:

  • Keeping up with inventory;
  • Maintaining the business’s physical location and equipment;
  • Security;
  • Payroll and employee benefits;
  • Supporting employees teleworking; and
  • Other related activities.

Through the program, Arizona Together, the Governor has published a number of resources and programs to support the state’s communities and partners. One of the programs, the AZ Coronavirus Relief Fund, will help provide personal protection equipment to health care providers, support social service organizations, and low-income students needing technology to access online education.

How:

  • Determine if your city, county, or other local municipality has made any changes that will impact your business. Determine if your business must close or whether you can send employees home to telework.
  • When you’ve developed a plan to respond to new regulations, consult with your legal counsel to ensure it’s compliant with the state rules.
  • Build a communication strategy to implement these changes in your workforce.
  • Provide support to your employees during this time and make yourself available to answer their questions and concerns.
  • There may be potential discrepancies between state and local orders. If you believe there may be a discrepancy affecting you or your business, you should contact your local government and/or competent local counsel for further advice.

Additional Resources

Executive Order 2020-12

Executive Order 2020-18

List of “Essential Services”

Arizona Department of Health Services

Paid Sick Leave Benefits

Who: Arizona employers

What: Although changes haven’t been made yet to the 2017 Fair Wages and Healthy Families Act, there are areas of the law that employers should be aware of as they navigate COVID-19 at work and consider workplace safety:

  • Employers can waive the 90-day waiting period for new employees to use paid sick leave.
  • Employers may choose to lend paid sick leave to new employees in advance of their accruals
  • Employees can use paid sick leave for their own care, treatment, and diagnosis, if they believe that they may have COVID-19 and/or need time to get tested, they can use the available time.
  • Paid sick leave extends to caring for family members who are ill or need care, treatment or diagnosis. Family members are defined broadly in Arizona as being biological, foster, and adoptive parents and stepparents; in-laws, grandparents, spouses and domestic partners, siblings and stepsiblings.
  • Paid sick leave may be used when the employer temporarily closes because of a public official’s public health emergency declaration. Likewise, it may be used when an employee has to care for a child whose school or day care has been closed because of a public health emergency. Although Arizona Governor Doug Ducey declared a state of emergency, employees can only paid sick leave if their business or their child’s school/care program has been ordered to close by the government or public health official.
  • Whether or not an employee or employee’s family member shows of COVID-19, if a heath care provider orders them to isolate, paid sick leave can be used.

Logistical Reminders for Employers

  • The request to use paid sick leave doesn’t need to be formal, although whenever possible it should include timing around how long may be needed.
  • Employers can request documentation after 3 consecutive paid sick days have been used, although they can’t request a full medical disclosure of diagnosis and treatment.
  • Any information about an employee or employee’s family member as it relates to paid sick leave must be kept confidential unless the employee gives permission.
  • Employer’s shouldn’t require details about an employee’s health in order to use paid sick leave.
  • Depending on the employee’s situation, they may also qualify for Family Medical Leave too.

Fair Wages and Healthy Families Act Background

  • Arizona employers with 15 or less employees must provide at least 24 hours of paid sick leave per year.
  • Arizona employers with 15 or more employees must provide at least 40 hours of paid sick leave per year.
  • Employers can either provide a lump sum of paid sick leave at the start of each year or at an accrual rate of 1 hour for every 30 hours worked.

How:

  • Guide and help your employees as they request sick leave and educate them about their leave options as necessary
  • Provide support to your employees during this time and make yourself available to answer their questions and concerns.
  • Nothing in Arizona’s earned paid sick time regulations should be seen as discouraging or prohibiting an employer from adopting an earned paid sick time policy that is more generous than that required by the Fair Wages and Healthy Families Act.
  • There may be potential discrepancies between state and local orders. If you believe there may be a discrepancy affecting you or your business, you should contact your local government and/or competent local counsel for further advice.

Additional Resources

Industrial Commission of Arizona

Arizona Department of Health Services

Arizona Earned Paid Sick Leave FAQs

Colorado COVID-19 State Regulations

Reopening: #DoingMyPartCO

Colorado Governor Jared Polis issued an Executive Order to begin easing some restrictions and reopening the state, starting April 27, 2020.

Update 6/30/20: Eighth Amended Public Health Order 20-28 was issued close bars that don’t offer food. Those that offer food can continue to operate at 50% capacity with tables 6 feet apart. Professional sports may resume practice, training, and play. Libraries aren’t limited to curbside pickup, although it’s still encouraged. Real estate open houses may occur under certain requirements.

Update 6/23/20: Seventh Amended Public Health Order 20-28 was issued to address the reopening of bars, restaurants, higher education, and manufacturing provided that health and safety measures are met. A Social Distancing Calculator for indoor and outdoor events was released to help determine safe distances for employees and customers.

Update 6/15/20: Governor Polis released an updated version of #DoingMyPartCO, a slide presentation releasing new guidelines and reopening to start on June 18, 2020. Colorado will remain at level 2 until the end of June and begin to prepare for level 3.

Update 6/4/20: Executive Order D 2020 091 was issued on June 1, 2020 to extend the Safer At Home Order through June 30, 2020. Under this order, residents should continue to socially distance, limit gatherings of more than 10 people, and only leave the house for essential services. The order opens up activities to the “vast, great outdoors,” where people can keep away from each other as much as possible, limit social interactions, stay at least 6 feet away from each other, and wear face coverings in public. The Fifth Amended Public Health Order 20-28 (level 3) provides industry-specific guidelines for businesses. Page 6 lists business requirements and page 8 provides guidance for non-critical businesses. Appendices provide industry-specific guidance for critical and non-critical retail, field services, non-critical office-based businesses, personal care services, health care settings, non-critical manufacturing, restaurants, and camps.

An Amended Public Health Order 20-28 was issued on May 4, 2020 to replace the previous Safer At Home Order. Update: the Amended Public Health Order 20-28 was updated on May 8, 2020, and is effective through May 26, 2020. See the new Order.

Starting May 4, 2020: 50% of staff can begin to work in-person, under social distancing requirements, but telecommuting should continue.

Be aware that certain local governments have extended stay-at-home orders. Check with your local government orders as you build your back to work plans.

Additional Resources

Seventh Amended Public Health Health Order 20-28 Press Release

Executive Order 2020 044 Safer at Home

Executive Order 2020 045

Executive Order B 2020 002

Press Release

Governor Jared Polis Presentation Slides for Reopening

What Does Safer At Home Mean?

Safer at Home

Public Health & Executive Orders Resource

Mandated Face Coverings

When: April 17, 2020 – May 17, 2020

Update 7/1/20: Public Health Order 20-31 Face Coverings for Critical Businesses and Mass Transportation was issued to require employees, contractors, and anyone else providing services for critical businesses and mass transportation to wear a medical or non-medical face covering and gloves when working. Employers “should make every effort possible” to provide face coverings and gloves to employees. This is effective from June 30, 2020 to July 20, 2020.

Update 6/22/20: By extending previous Executive Orders (Executive Orders D 2020 039, D 2020 067, and D 2020 092), Executive Order 2020 110 extends non-medical face coverings for certain workers for 30 days following June 20, 2020.

Update 6/4/20: Executive Order 2020 092 was issued ordering employees in critical businesses and government offices to wear non-medical masks starting June 4, 2020, for the next 30 days. Employers with public locations have the right to refuse service if customers aren’t wearing a face covering.

Update: Executive Order 2020 067 was issued to extend the mandate that critical businesses continue to wear face coverings. The Order is effective for 30 days from May 16, 2020.

Critical infrastructure and government employers must have employees wear any medical or non-medical face covering if they come into close contact with the public or other coworkers. If employers provide employees with gloves, they must be worn.

Be sure to check local orders for further restrictions and requirements.

Additional Resources

Executive Order D 2020 039

Amended Notice of Public Health Order 20-20

Public Health & Executive Orders Resource

Stay-At-Home Order

Who: Colorado businesses and residents

When: March 26, 2020 through April 11, 2020 (updated to April 26, 2020, see new Executive Order D 2020 024 below)

What:

All Colorado residents are to remain home and only leave for critical activities including:

  • Acquiring food and household necessities and/or delivering these supplies to others (include pet supplies).
  • Engage in outdoor activities like running, walking, etc. as long as social distancing practices are used. Playgrounds, picnic areas are all closed to public gatherings.
  • Work for an essential industry.
  • Care for a family member, pet or livestock, or another vulnerable person in another household.
  • Seeking medical care.

Critical businesses are exempt from this order. Categories of critical businesses include:

  • Health care
  • Utilities
  • Food cultivation or grocery stores
  • Medical equipment or supply manufacturing
  • Media
  • Banking
  • Law enforcement and the fire department
  • Construction
  • Defense
  • Child care
  • Gas stations and convenience stores
  • Liquor stores
  • Restaurants with carry out
  • Marijuana dispensaries
  • Gun shops
  • Hardware stores
  • Stores that sell household products like cleaning and personal products
  • Critical services including warehouses and distribution centers, mail, auto repair, trash and recycling
  • Mail services including shipping and delivery

How:

  • Assess your current workforce for who may be able to work remotely or is essential to be onsite.
  • When you’ve developed a plan to respond to the new regulations, consult with your legal counsel to ensure it’s compliant with the state rules.
  • Build a communication strategy to implement these changes in your workforce.
  • Provide support to your employees during this time and make yourself available to answer their questions and concerns.

Additional Resources

Executive Order D 2020 024

Executive Order D 2020 017

Stay in Place Due to the Presence of COVID-19 in the State FAQs

Colorado Department of Public Health and Environment

Colorado Department of Public Health and Environment Resources (Posters)

Stay at Home Colorado Guide

Unemployment Claims

Who: Colorado workers

When: Effective Immediately

What: The Colorado Department of Labor and Employment has been overwhelmed with unemployment claims and has asked individuals to stagger their claims submissions. Anyone working less than 32 hours per week and earning less than 55% of their average wage during a 12-month period is eligible for unemployment. These individuals must also able and available to seek new work and be actively seeking new employment.

If a person’s last name begins with the letter A through M, they should file their claim on Sunday, Tuesday, Thursday, or after 12 pm (Noon) on Saturdays.

If a person’s last name begins with letter N through Z, they should file their claim on Monday, Wednesday, Friday or before Noon on Saturdays.

Other recommendations include:

  • Save often. Click the “Save & Finish Later” on the online application and then click “File a Claim” to return to the last page that was saved.
  • File during non-peak hours. File a claim after 8 pm or early in the morning

Employers can help inform employees as they leave their jobs about navigating the current unemployment system, if individuals choose that option.

How:

If your business is laying off, furloughing, or terminating employees, update your worker communication to accommodate this new process.

Additional Resources

Colorado Department of Labor and Employment

Colorado Information and Resources on Coronavirus

Paid Sick Leave: Emergency Rule Passed

Who: Colorado employers

When:

Update: Colorado Department of Labor and Employment issued the Paid Leave and Unemployment FAQ.

Beginning March 11, 2020 for 30 days or the duration of Colorado’s State of Disaster Emergency declared by the Governor, whichever is longer, up to a maximum of 120 days.

What: Under the Colorado Health Emergency Leave with Pay (Colorado HELP) Rules, specific employers are required to provide up to two weeks or 80 hours at two-thirds pay for employees who are being asked to quarantine, or are showing possible symptoms, or are being tested for COVID-19 [updated]. The emergency leave ends when the worker receives a negative COVID-19 test result.

Employers who already offer enough paid leave for these 4 days do not need to provide additional paid sick leave. However, if the worker has exhausted the available leave, experiences qualifying symptoms of COVID-19, and wants to be tested for COVID-19, then the worker is entitled to the additional paid sick days.

Sick leave pay should be calculated based on the worker’s regular hours worked at the regular rate. Employers should use the same formula they already use when calculating regular rate for overtime. For tipped employees, the regular rate is the minimum wage.

Employers in the following industries must adhere to this rule:

  • Update: This now includes retail stores that sell groceries;
  • Hospitality;
  • Food service;
  • Child care;
  • All levels of education and any related services (including cafeterias and transportation to, from, and on campus);
  • Home health care;
  • Nursing homes; and
  • Community living facilities.

Additional amendments were made to account for retail establishment employees and for the food and beverage industry.

Failing to comply with the emergency rule will be viewed as a failure to pay wages.

How:

  • Determine if your business falls within the qualifying industries (above).
  • Consult with legal counsel and consider if you need to draft additional emergency policies to accommodate the new rule.
  • Begin to provide 4 days of paid sick leave to impacted workers.
  • Work with counsel and your organizational leadership to decide how to handle any unpaid leave if any tests come back positive for COVID-19.
  • Require a doctor’s note before allowing an employee to return to work after a positive test.
  • Comply with federal Family Medical Leave Act (FMLA) procedures when it comes to requesting and providing leave.
  • Inform employees about the emergency sick leave and emphasize that this is an emergency provision that is available while Colorado is in a state of emergency.

Additional Resources

Colorado HELP Pay Rules

Paid Leave and Coronavirus Considerations – Colorado Emergency Paid Sick Leave Rules in Effect

Colorado Notice of Adoption as Temporary or Emergency Rules

Colorado HELP Emergency Leave with Pay 7 CCR 1103-10 (2020)

Idaho COVID-19 State Regulations

Reopening: Idaho Rebounds

Starting on May 1, 2020, Idaho will begin 4 stages to reopening the state. Outlined on the website, rebound.idaho.gov, businesses will find charted guidance to consider for each phase.

Stage I (May 1 – May 15) includes protocols for businesses, including certain non-essential businesses, like gradually allowing employees to return to work, as long as social distancing can be maintained. See the Stay Healthy Executive Order for further details.

Update 6/5/20: The updated Idaho Rebounds Plan was released. Stage 3 ends June 12, 2020, and Stage 4 has begun. Stage 4 guidelines can be found here.

Update: The Order for Stage 2 has been issued as well as business protocols for reopening. Stage 3 began on May 30, 2020.

The move between each stage requires that all criteria have been met and there’s been no increase in the number of COVID-19 cases.

State residents must wear face coverings in public.

Additional Resources

New: Interim Guidance for Safe Gatherings and Public Events

Idaho Stay Healthy Executive Order

Idaho Stay Healthy Order Stage 2

Updated: Business-Specific Protocols for Reopening

Idaho Rebounds: Our Path To Prosperity

Idaho Rebounds: Our Path To Prosperity Stages of Reopening

Idaho Official Resources for  COVID-19

Idaho Governor’s Actions

Stay-At-Home Order

Who: Idaho businesses and employees

When: March 25, 2020 to April 15, 2020 (Updated to April 30, 2020 through an amended Executive Order)

What: Governor Brad Little issued an Executive Order to require all Idaho residents to stay home unless for essential activities like grocery shopping or receiving medical care.

All essential services and businesses that may remain open can be found here. Certain services, like automotive dealership’s repair facilities, may remain open as long as social distancing requirements are met. The state also put together additional guidance on essential services or gatherings like real estate meetings, religious gatherings, or celebrations that can be found here.

How:

  • Determine if your business is considered essential or non-essential.
  • Determine if you can send employees home to telework to help ensure social distancing practices of at least 6-foot distances between people.
  • When you’ve developed a plan to respond to new regulations, consult with your legal counsel to ensure it’s compliant with the state rules.
  • Build a communication strategy to implement these changes in your workforce.
  • There may be potential discrepancies between state and local orders. If you believe there may be a discrepancy affecting you or your business, you should contact your local government and/or competent local counsel for further advice.

Additional Resources

Idaho Statewide Stay-Home Order

Idaho Statewide Stay-At-Home Order Ammended Poster

Idaho Official Resources

Essential Services

Idaho Stay at Home Order

Montana COVID-19 State Regulations

Reopening the Big Sky

When: Starting April 27, 2020

What:

Update: An update to the Reopening the Big Sky plan was released on May 6, 2020. Under a new Executive Order, Governor Bullock announced the start of Phase II to begin on June 1, 2020. With Phase II, businesses that were allowed to reopen under Phase I can increase capacity to 75%. Bowling alleys, concert halls, and other venues that allow for gatherings may begin to reopen. Gatherings of more than 50 people are prohibited.

Governor Steve Bullock announced the launch of Reopening The Big Sky as Montana’s effort to slowly reopen the state in 3 phases.

The first phase starts on April 27, 2020, and provides the following guidance:

  • Avoid groups of 10 or more people.
  • Promote teleworking and alternate work schedules.
  • Close common areas at work.
  • Retail businesses can begin opening after April 27, 2020, as long as they adhere to distancing protocols of at least 6 feet.
  • See pages 14- 16 of Reopening The Big Sky for specific business and employer details.

During all phases of reopening, all residents should practice good hygiene. Anyone who feels sick should stay home. Employers should make every effort to implement policies that adhere to federal, state, and local guidelines when it comes to social distancing, sanitation and PPE, temperature checks and monitoring workers for any symptom, public health testing, isolating, and contact tracing.

Additional Resources

Montana Department of Public Health and Human Services

Montana Reopening the Big Sky Plan Phased Approach

Montana Governor’s Coronavirus Task Force Director Implementing Executive Orders 2-2020 and 3-2020

Stay-At-Home Order

Who: Montana businesses and employees

When: March 28, 2020 to April 24, 2020 (Date updated, please see Executive Order)

What: Governor Steve Bullock issued an Executive Order for all state residents to remain at home except for essential activities like getting necessary food and supplies and caring for others. Non-essential businesses, like casinos, bars, and schools, must temporarily close.

Businesses considered essential must comply with social distancing requirements, like keeping 6 feet distance between people, making sanitizer available, and maintaining operating hours only for vulnerable populations. The categories of essential businesses align with the U.S. Department of Homeland Security’s Cybersecurity & Infrastructure Security Agency list.

If a business has questions or needs additional guidance, it can call a specific state phone number: 1-800-755-6672.

All public and private gatherings of people are prohibited from occurring outside a household or place of residence.. In an interview, Governor Bullock also recommended that residents wear cloth face coverings when out in public places still open like grocery stores.

How:

  • Determine if your business is considered essential or non-essential.
  • Assess whether you can send employees home to telework.
  • When you’ve developed a plan to respond to new regulations, consult with your legal counsel to ensure it’s compliant with the state rules.
  • Build a communication strategy to implement these changes in your workforce.
  • There may be potential discrepancies between state and local orders. If you believe there may be a discrepancy affecting you or your business, you should contact your local government and/or competent local counsel for further advice.

Additional Resources

Directives Implementing Executive Orders 2-2020 and 3-2020; Extending Certain Directives Through April 24, 2020

Montana Novel Coronavirus

Montana Department of Public Health and Human Services

Nevada COVID-19 State Regulations

Nevada Roadmap to Recovery Reopening Plan

Beginning May 1, 2020, Nevada retail businesses may resume curbside services. When the current Stay At Home Directive ends on May 15, 2020, the state will begin the Nevada United: Roadmap to Recovery Plan. See page 21 of the Roadmap for further details on what restrictions will begin to ease.

Residents are encouraged, but not required, to wear masks.

Update: The Nevada Health Response published an FAQ document to answer questions about the Safer At Home order and reopening. Industry-specific guidance begins on page 2.

Update 6/1/20: Directive 021 was issued to begin Phase II of the reopening plan with businesses like bars, personal care services, gyms, museums, pools, shopping malls, and amusement parks to reopen provided they meet health and safety measures. The gaming industry begins to reopen on June 4, 2020, provided they meet health and safety measures.

Update 6/15/20: Phase II has been extended to the end of June.

Additional Resources

New: Nevada Phase 2 Reopening Chart

New: Nevada Industry Specific Guidance Phase Two

New: Nevada Roadmap to Recovery Specific Phased Two General Guidance

Declaration of Emergency Director 016

Governor Sisolak Guidance: Directive 016

Understanding Governor Sisolak’s Latest Directive Extending Previous Directives and Making Certain Changes

Nevada United: Roadmap to Recovery

Press Release About Nevada United: Roadmap to Recovery

Governor Directives and Declarations

Nevada Guidance on Face Coverings

Nevada Health Response COVID-19

Stay-At-Home Order

Who: Nevada employers and employees

When: April 1, 2020 to April 30, 2020 (Extended to May 15, 2020, please see Emergency Order 016 for further details)

What: Governor Steve Sisolak strengthens previous orders by mandating Nevada residents to stay home (see our summary of the Executive Order to close non-essential businesses). This new Executive Order requires residents to not leave their homes for any non-essential activities.

Essential employees can continue to go to work, but should take every precaution including handwashing, staying home if they are ill, and maintaining social distancing requirements.

The order extends the closure of non-essential businesses, gaming, and educational institutions through April 30, 2020.

How:

  • Determine if your business must close or whether you can send employees home to telework.
  • When you’ve developed a plan to respond to new regulations, consult with your legal counsel to ensure it’s compliant with the state rules.
  • Build a communication strategy to implement these changes in your workforce.
  • There may be potential discrepancies between state and local orders. If you believe there may be a discrepancy affecting you or your business, you should contact your local government and/or competent local counsel for further advice.

Additional Resources

Coronavirus (COVID-19) Resources for Nevadans

Nevada Health Response COVID-19

Directive 010

Unemployment Law

Who: Nevada employers and employees

When: March 18, 2020 to April 16, 2020

What: Governor Steve Sisolak increased COVID-19 efforts by closing all non-essential, public-facing businesses.

Businesses that are exempt (or an “Essential Licensed Business”) include, but not limited to, healthcare providers, veterinary services, grocery stores, pharmacies, financial institutions, hardware stores, convenience stores, security services, and gas stations.

Restaurants may still offer delivery, drive-thru, curbside pick-up, and carry out, and all food workers must strictly abide by all applicable hygiene guidelines including handwashing and glove requirements. Local, city, and county governments have the authority to enforce this directive. The enforcement includes, but is not limited to, suspending a license, revoking a license, or issuing penalties to businesses that violate this mandate.

Those exempted businesses should follow recommendations for social distancing of at least 6 feet as well as work and personal hygiene.

How:

  • Assess your current workforce for who may be able to work remotely or is an essential service.
  • When you’ve developed a plan to respond to the new regulations, consult with your legal counsel to ensure it’s compliant with the state rules.
  • Build a communication strategy to implement these changes in your workforce.
  • Provide support to your employees during this time and make yourself available to answer their questions and concerns.

Additional Resources

Governor Steve Sisolak’s Declaration of Emergency Directives

Nevada Department of Health and Human Services Press Release

Paid Leave Guidance

Who: Nevada employers and employees

When: March 17, 2020 for at least 30 days

What: The Office of the Nevada Labor Commissioner released guidance on mandatory paid leave for employers and employees.

Employers can’t deduct hours from a worker’s paid leave balance if the employee misses work because of a state, federal, or local government quarantine order for COVID-19. Employees may use available paid time off during the quarantine at their option. Family Medical Leave Act (FMLA) leave may also apply if it is applicable.

Employers are encouraged, not required, to offer workers payment if they miss work time during a mandatory government quarantine and offer alternative working arrangements like telework.

Employers with less than 50 employees are also encouraged to follow this guidance, although they’re not normally subject to the state’s paid leave law.

How:

  • Continue to monitor federal and state regulations and review your pay and leave practices to ensure they’re compliant.
  • This guidance does not affect collective bargaining agreements, employment contracts, and/or policies that have specific provisions relating to mandatory government quarantines and leave
  • Consult with legal counsel to review changes you make to your practices to ensure they’re compliant.

Additional Resources

Nevada Health Response

COVID-19 Leave Guidance

New Mexico COVID-19 State Regulations

All Together New Mexico Reopening Plan

Beginning April 30, 2020, New Mexico entered a “Preparation” phase for reopening and mandated that residents stay home unless necessary. See the amended public health order here.

On May 13, 2020, Governor Michelle Lujan Grisham announced that most retail businesses will be able to reopen at 25% capacity, and the public health order was extended to May 31, 2020. On May 15, 2020, the All Together New Mexico plan was released, outlining safe practices for all employers (starting page 9) and information for industries like call centers, restaurants, and manufacturing.

Beginning May 16, 2020, all residents must wear face coverings in public and retail employees must wear face coverings. Retail businesses that sell consumer goods directly to customers and non-essential businesses, like offices and call centers, may operate at 25% staffing capacity. Religious services may operate at 10% capacity.

A resource for businesses was published to help employers navigate COVID-19 safe practices.

Update 6/4/20: Executive Order 2020-037 was issued for anyone traveling through a New Mexico airport to self-isolate or self-quarantine.

Update 6/1/20: The Public Health Emergency Order was issued continue to prohibit mass gatherings of people, allowing houses of worship to operate services at 25% capacity, and reopening essential businesses at 25% capacity (list of these businesses can be found starting on page 3) under health and safety requirements (found starting on page 7). Recreational businesses must remain closed.

Additional Resources

All Together New Mexico plan

Executive Order 2020-030

May 15, 2020 Public Health Emergency Order

New Mexico Public Health Orders and Executive Orders

2019 Novel Coronavirus Disease (COVID-19)

Stay-At-Home Order

Who: New Mexico employers and employees

When: March 24, 2020 to April 10, 2020 (now amended to May 15, 2020, see the Order for further details)

What: Governor Michelle Lujan Grisham issued an Executive Order for residents to stay at home, unless for a critical reason to maintain their health, safety, and well-being. “Mass Gatherings” of more than 5 people are prohibited. Mass Gatherings, for now, do not include congregating in a place of worship.

All non-essential businesses are required to reduce their in-person workforce by 100% (i.e., workers can only telework). Essential businesses can remain open provided they minimize operating staff as much as possible.

Essential businesses include:

  • Health care and public health organizations;
  • Homeless shelters, food banks;
  • Grocery stores, beverage stores, pet food and animal supply stores;
  • Farms, ranches, and other agriculture involved in food growth, processing and packaging;
  • Emergency services;
  • Infrastructure operations including public works, commercial and residential construction and maintenance, airport operations, public transportation, gas, electrical, oil drilling, water, sewer, trash, recycling, mining and natural resource extraction, repair and construction of roads and highways, solid waste, internet service providers, data centers, and telecommunications;
  • Manufacturing used for food processing, manufacturing agents, chemical, fertilizer, pharmaceuticals, sanitary products, household goods, primary metals, machinery, electrical equipment, appliances, transportation equipment, telecommunications, microelectronics;
  • Trades that support household maintenance and sanitation like plumbers, electricians, security, custodial professions;
  • Media services;
  • Gas stations and hardware stores;
  • Auto repair and retailers that make their profit from the sale of auto repair parts;
  • Financial institutions;
  • Laundromats and laundry services;
  • Utilities like power generation, fuel, water and wastewater supply;
  • Funeral homes, crematoriums, cemeteries;
  • Real estate services;
  • Mail and shipping services;
  • Defense and national security-related services;
  • Restaurants, but only for carry out or delivery;
  • Professional services like legal and accounting services; and
  • Logistics and businesses that store and ship foods and household products.

Businesses that fail to comply could receive violations from public health officials, lose their licenses to operate or face fines or other criminal penalties.

How:

  • Assess your business is considered essential and if you need to send employees home to telework.
  • When you’ve developed a plan to respond to the new regulations, consult with your legal counsel to ensure it’s compliant with the state rules.
  • Build a communication strategy to implement these changes in your workforce.
  • Provide support to your employees during this time and make yourself available to answer their questions and concerns.

Additional Resources

Public Health Order – April 6, 2020

Public Health Emergency Order

Stay At Home – Essential Businesses

Stop the Spread of Germs Poster

Wash Your Hands Poster

Utah COVID-19 State Regulations

Reopening: Utah Leads Together

Update 6/23/20: Executive Order Updating the Utah COVID 19 Health Risk Status in several counties, including moving 9 counties to the Green Phase. The Order is effective until July 3, 2020.

Update 6/8/20: An Executive Order was released, “Extending the Orange (Moderate Risk) and Yellow (Low Risk) Utah COVID-19 Health Risk Status Through June 12, 2020.”

Update 5/21/20: The Utah Leads Together Plan 3.0 was released on May 20, 2020. Information on an Economic Recovery Framework can be found on page 13.

Update: Governor Gary Herbert issued an Executive Order moving Utah from the high-risk red phase to the low-risk yellow phase, except in a handful of counties that remain under moderate-risk. Further information about the state’s color-coded risk phases for each county can be found here.

Employers will need to determine if their locations are in yellow or moderate risk areas and determine the best course of action for their reopening plans. Further guidance can be found on the Phased Guidelines for the General Public and Businesses to Maximize Public Health and Economic Reactivation.

Beginning May 1, 2020 to May 15, 2020, Utah moved from high-risk (or red phase), under the Utah Leads Together plan, to moderate risk (orange phase). The plan includes guidelines for employers starting on page 7, and industry-specific information on page 12.

The moderate risk phase has several guidelines for employers, including maintaining a social distance of at least 6 feet, hygiene/sanitation requirements, access to PPE, limiting gatherings to 20 people or less, and continuing to telework where possible.

Additional Resources

Extending the Orange (Moderate Risk) and Yellow (Low Risk) Utah COVID-19 Health Risk Status Through June 12, 2020

Executive Order Moving the State from Orange to Yellow

Executive Order Moving the State COVID-19 Public Health Risk Status From Red to Orange

Utah Leads Together

Utah Leads Together Guide

Utah’s Moderate Risk Phase

Utah’s Moderate Risk Phase Flyer

Updated: Phased Guidelines for General Public and Businesses to Maximize Public Health and Economic Reactivation

Utah State Directives and Orders

Wyoming COVID-19 State Regulations

Reopening

Update 6/2/20: Three public health orders were released regarding gatherings of more than 25 people, personal care services, and spaces, like restaurants, gyms, schools, and child care facilities.

Beginning May 1, 2020, certain retail businesses like barber shops, and massage therapy and tattoo parlors can resume business under specific safety requirements including wearing face coverings, limiting groups gatherings, and other hygiene and sanitation requirements.

Gatherings of 10 people or less are prohibited until May 15, 2020. The Order for out-of-state travelers to self-quarantine for 14 days has been extended to May 8, 2020.

Additional Resources

A Transition Plan for a Healthy Wyoming

Wyoming Department of Health

Wyoming COVID-19 Orders and Guidance

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