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Executive Order No. 7J: New DECD Guidance and Rules of the Road for "Stay Safe, Stay Home"

March 23, 2020

Late Sunday evening, a new Executive Order (7J) and new Connecticut DECD guidance were both released clarifying the “Stay Safe, Stay Home” initiative that becomes effective TONIGHT Monday, March 23, 2020 at 8:00 p.m. (and will remain in effect through April 22, 2020 unless further modified, extended or terminated by the Governor). The new guidance provides much needed clarity in many areas and creates additional exemptions. Understandably, given the diversity of public, private, non-profit, governmental and quasi-governmental organizations in our State, there are areas where further clarification/guidance will be needed. We are here to assist you.

New Guidance and Clarifications:

  • Requests to be designated as “essential” should ONLY be made if they are NOT covered by the DECD guidance
     
  • All manufacturing and corresponding supply chains, including aerospace, agriculture, and related support businesses, are exempted
     
  • Essential workers in the 16 CISA sectors are exempted
     
  • Construction, including all skilled trades, both commercial and residential, and other related construction firms and professionals are exempted
     
  • The full definition of “Essential Services” has been clarified to provide specific examples which are set forth at https://portal.ct.gov/DECD/Content/Coronavirus-for-Businesses/Coronavirus-for-Businesses
     
  • “Non-essential” businesses may continue activities that are conducted off site (e.g., a customer’s home) and/or by telecommuting or working from home. Please note:
     
    • Non-essential retailers may be staffed on site, provided that they only offer remote ordering (e.g., phone, internet, mail, dropbox) and curb-side pick-up or delivery; and
       
    • Non-essential businesses and nonprofits may allow staff or third parties on site, to the minimum extent necessary, in order to provide security, maintenance and receipt of mail and packages. (Currently these are the only expressly permissible purposes to allow staff or third parties on site – we will inform you if this is expanded)
       
  • Any business that only has a single occupant/employee (e.g., attendant) is deemed exempt and need not submit a request to be designated as an "Essential Business"
     
  • You can fill out a form to request a designation (if necessary).  You can also submit questions to DECD at decd.covid19@ct.gov.

Updates on Other Jurisdictions:

Other states are increasingly issuing similar orders. Please see below for links to other states:

California
Delaware
Illinois
Massachusetts
New Jersey
New York
Ohio
Pennsylvania

If we can be of assistance to you, please contact any of the following lawyers:

Daniel A. Schwartz - dschwartz@goodwin.com
Jarad M. Lucan - jlucan@goodwin.com
Alfredo G. Fernández - afernandez@goodwin.com
Glenn M. Cunningham - gcunningham@goodwin.com

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