Virginia Plans Gradual Three-Phase Lifting Of Restrictions On Nonessential Businesses

• Published date: 14 May 2020
• Author: Mr Michael S. McIntosh and Alex Berg
• Subject Matter: Employment and HR, Coronavirus (COVID-19), Health & Safety, Employee Benefits & Compensation, Redundancy/Layoff, Employee Rights/ Labour Relations, Employment and Workforce Wellbeing, Reporting and Compliance
• Law Firm: Littler Mendelson

At a press conference on May 4, 2020, Virginia Governor Ralph Northam announced the Commonwealth's three-phase plan for easing, and eventually lifting, the restrictions imposed on nonessential businesses because of the COVID-19 pandemic. Virginia thus joins the growing number of jurisdictions that have announced and/or implemented measures to reopen nonessential businesses.

Before the Commonwealth's reopening plan begins, however, Governor Northam announced that Executive Order 53's closures of recreational businesses, entertainment businesses, and certain brick-and-mortar retailers, would be extended until May 15. During this time, the other requirements of that Order also remain intact.

On May 9, 2020, the governor issued Executive Order 61 and Order of Public Health Emergency Three ("Executive Order 61"), which goes into effect on May 15 and which is set to remain in effect through June 10, 2020, unless otherwise amended or rescinded. (At a May 8 press conference, however, the governor's chief of staff signaled that Northern Virginia'i.e., Arlington County, Prince William County, Loudoun County, and Fairfax County, and the towns and cities located within the borders of those counties'might not begin Phase I until around May 29.) The governor said his focus throughout this process is on monitoring whether there is a downward trend in positive COVID-19 tests, an increase in testing, and an ability for hospitals to maintain steady capacity and necessary supplies of personal protective equipment (PPE).

In the meantime, to allow businesses to prepare for this phased reopening, the governor has provided a blueprint for what the three phases will entail. The governor has also provided a list of Guidelines for All Business Sectors containing recommended practices for Phase I.

Phase I

During Phase I, social gatherings in the Commonwealth will continue to be limited to no more than 10 people, and face coverings will continue to be recommended. Executive Order 61 also effectively relaxes Virginia's stay-at-home order (Executive Order 55), which is currently in effect until June 10, 2020, to a "safer-at-home" model.

Restrictions on businesses and faith communities will be eased in several ways during Phase I. Specifically:

• Non-essential brick and mortar retail businesses may expand from a 10-person maximum to permit customers at up to 50% of the establishment's capacity (i.e., 50% of the lowest occupancy load on the business's certificate of occupancy). Employees in public-facing areas must wear face coverings at all times.

• Restaurants, breweries, and beverage services that already have a...