On December 10, 2020, Governor Wolf and Secretary of Health Rachel Levine issued an Order Directing Limited-Time Mitigation. A copy of Dr. Levine’s Order, which is identical to the Governor’s Order, can be found here. The Order goes into effect December 12, 2020 at 12:01 am and will remain in effect until January 4, 2021. This blog focuses on how this Order affects businesses, and what employers must consider moving forward:
Capacity Limits for Businesses
Section 5 of the Order discusses the capacity limits for businesses. The Order reads as follows:
All in-person businesses serving the public within a building or defined area may only operate at up to 50% of the maximum capacity stated on the applicable certificate of occupancy, except as limited by existing order to a smaller capacity limit.
Businesses must be aware of this new restriction and ensure that they are operating at 50% of the maximum capacity.
Indoor Gatherings and Events
Section 3 of the Order specifically prohibits gatherings of more than 10 people. While this is in line with the latest business guidance, it is still important for businesses to ensure that their COVID Policies are in accordance with the Order.
The Order defines “gatherings and events” by listing many examples. One of which is “business meetings or conferences.”
It is imperative that businesses comply with every Order from the state, as they set the standard of care and duty for all businesses.
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Susie M. Cirilli is a Labor & Employment attorney that assists clients with issues involving the ADA, FMLA, and Title VII claims. Susie litigates on matters related to hostile work environment, discrimination based on sex, sexual orientation, pregnancy, race and disability. Susie has experience representing employers in fact-finding conferences and mediations before the PHRC and the EEOC. Susie’s practice also consists of counseling and advising clients on employment matters. She often advises employers on day to day employment matters and assists her clients on employee issues such as hiring and terminations, which includes drafting and negotiating separation agreements. Susie has experience drafting and revising employment agreements, employee handbooks, non-compete and non-solicitation agreements. Susie is admitted in the Middle District and Eastern District of Pennsylvania. She is also admitted in the Federal Court for the District of New Jersey.
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