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On Friday, March 20, Connecticut Governor Lamont issued Executive Order 7H, effective on March 23, directing that all businesses and not-for-profit entities in the State of Connecticut, employ, to the maximum extent possible, any telecommuting or work from home procedures that they can safely utilize. Under the Executive Order, non-essential business or not-for-profit entities are required to reduce their in-person workforces at any workplace locations by 100 percent no later than March 23 at 8:00 p.m.
No later than 8:00 p.m. on March 22, the Department of Economic and Community Development (DECD) is required by the Executive Order to issue guidance about which businesses are essential. Businesses not operating in categories initially identified as essential by the Executive Order or initial DECD guidance may be deemed essential after requesting an opinion from DECD, which will review and grant such request, should it determine that "it is in the best interest of the state to have the workforce continue at full capacity to properly respond to this emergency." Pending DECD's guidance, Day Pitney attorneys are studying precedent and preparing to promptly submit client applications to DECD for designation as an "essential" business or seek other relief for purposes of gaining full or partial exemption from the in-person restrictions of Executive Order 7H, as appropriate.
On its face, Executive Order 7H offers a non-exclusive list of types of business that will be deemed essential, as follows:
Critical Infrastructure Sectors comprising:
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Also, companies and institutions involved in the research and development, manufacture, distribution, warehousing, and supplying of:
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Essential infrastructure, including:
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Manufacturing, including:
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The defense industrial base, including:
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Essential retail, including:
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Essential services, including:
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Day Pitney anticipates issuing another alert on this subject promptly after reviewing DECD's guidance, which is expected to be published by 8:00 p.m. on Sunday, March 22.
For your information, on March 20, New York's Governor Cuomo issued a similarly worded Executive Order 202.8 which becomes effective March 22. Further, "Guidance for Determining Whether a Business Enterprise is Subject to a Workforce Reduction on Executive Order 202.6" was published by the New York State Department of Economic Development. The New York DED guidance includes a form to submit a Request for Designation as an Essential Business for Purposes of Executive Order 202.6. Given the close coordination between the governors of Connecticut and New York on COVID-19 matters, we anticipate that the Connecticut DECD guidance and process for requesting exemption will look very similar to the New York guidance and process.
[1] Provided they comply with previous and future executive orders issued during the existing declared public health and civil preparedness emergency.
For more Day Pitney alerts and articles related to the impact of COVID-19, as well as information from other reliable sources, please visit our COVID-19 Resource Center.
COVID-19 DISCLAIMER: As you are aware, as a result of the COVID-19 pandemic, things are changing quickly and the effect, enforceability and interpretation of laws may be affected by future events. The material set forth in this document is not an unequivocal statement of law, but instead represents our best interpretation of where things stand as of the date of first publication. We have not attempted to address the potential impacts of all local, state and federal orders that may have been issued in response to the COVID-19 pandemic.
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Day Pitney Attorneys Joseph H. Fagan, Harold M. Blinderman, Margaret Czepiel and Samantha Regan authored the article, "FERC Issues Two Policy Statements Impacting Natural Gas Infrastructure Projects," for Pratt's Energy Law Report.
Day Pitney Corporate department chair R. Scott Beach co-hosted an invitation-only "Business Owner Summit," with Aron Weingard, Financial Advisor at Weingard Wealth Management of Raymond James on June 8 in New York City.
On April 28, Scott Clark, Chair of Day Pitney's Multistate Tax Practice, presented at the Federal Tax Institute of New England 2022 conference, sponsored by the Connecticut Bar Association, on "The Cutting Edges of Multistate Taxation: Pass-Through Entities, Digital Products, Domicile Update, and more."
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This website may use cookies, pixel tags and other passive tracking technologies, including Google Analytics, to improve functionality and performance. For more information, see our Privacy Policy. By using our website, you are consenting to our use of these tracking technologies. You can alter the configuration of your browser to refuse to accept cookies, but if you do so, it is possible that some areas of web sites that use cookies will not function properly when you view them. To learn more about how to delete and manage cookies, refer to the support instructions for each browser (e.g., see AllAboutCookies.org). You may locate Google Analytics' currently available opt-outs for the web here.