Manufacturing & Distribution

Effective as of 10 p.m. on March 25, 2020, Mayor Muriel Bowser ordered cessation of all onsite operations of non-essential businesses that cannot be performed at home except for “Minimum Basic Operations.” The Order is effective through April 24, 2020, and prohibits gatherings of more than 10 people in an attempt to prevent the further spread of the coronavirus.

Non-Essential Businesses.

The order requires the cessation of all non-essential businesses in the District of Columbia other than those that can be conducted safely at home. Non-essential businesses include tour guides and services; gyms, health clubs, spas and massage establishments; theaters, auditoriums and places of large gatherings; nightclubs; hair, nail and tanning salons; barbershops; tattoo parlors; sales not involved in essential service; retail clothing stores; and professional services not devoted to assisting essential business operations.

Non-essential businesses in D.C. may continue “Minimum Basic Operations” at their facilities. The order defines Minimum Basic Operations as the minimum necessary activities to 1) maintain the value of the business's inventory, ensure security, process payroll and employee benefits, and related functions; 2) facilitate employees being able to continue to work remotely from their residences; and 3) facilitate teleworking or the remote delivery of services formerly provided in-person by the business; 4) provide cleaning and disinfection of a business's facilities; and 5) provide employee supervision of contractors or employees providing essential maintenance of the facility.

Essential Businesses.

By contrast, the order strongly encourages Essential Businesses (including medical marijuana dispensaries) to remain open and, to the greatest extent feasible, comply with social distancing requirements, including by separating staff by offsetting shift hours or days and maintaining a separation of at least six feet among and between employees and members of the public, including when any customers, clients or patients are standing in line or sitting in a waiting room. Anyone who is suspected or confirmed to be infected with COVID-19 or any other transmissible infectious disease, or has symptoms of a cold or the flu, may not be engaged in conducting Essential Business.

"Essential Businesses" that may continue their operations onsite include:

• Healthcare and Public Health Operations
• Essential Infrastructure
• Food and Household Products and Services 
• Social Services Providing the Necessities of Life 
• Communications and Information Technology, Energy and Automotive 
• Financial Services 
• Educational Institutions (only to facilitate distance learning or to support COVID-19 related reasons)
• Transportation and Logistics 
• Construction and Building Trades
• Housing and Living Facilities 
• Professional Services
• Childcare Facilities.

Please note that there are restrictions on many of the Essential Businesses. For a full list of the Essential Businesses and restrictions, please refer to the order, which can be accessed here.

Essential Government Functions.

The order also permits all “Essential Government Functions” to continue. These functions include first responders; law enforcement functions; and services needed to ensure the continuing operation of government agencies and provide for the health, safety and welfare of the public performed by the District of Columbia or federal government or their contractors, the District of Columbia Courts, and inter-governmental commissions and entities performing such functions, including judicial and elections functions.

This alert was written by Merrell Renaud, a lawyer in the Labor, Employment, Benefits & Immigration practice group at Miles & Stockbridge.

Any opinions expressed and any legal positions asserted in the article are those of the author(s) and do not necessarily reflect the opinions or positions of Miles & Stockbridge P.C. or its other lawyers. This article is for general information purposes and is not intended to be and should not be taken as legal advice on any particular matter. It is not intended to and does not create any attorney-client relationship. Because legal advice must vary with individual circumstances, do not act or refrain from acting on the basis of this article without consulting professional legal counsel. If you would like additional information on the subject matter of this article, please feel free to contact any of the lawyers listed above. If you communicate with us, whether through email or other means, your communication does not establish an attorney-client relationship with either Miles & Stockbridge P.C. or any of the firm's lawyers. At Miles & Stockbridge P.C., an attorney-client relationship can be formed only by personal contact with an individual lawyer, not by email, and requires our agreement to act as your legal counsel together with your execution of a written engagement agreement with Miles & Stockbridge P.C