Today, Governor Jim Justice issued an Executive Order instructing West Virginia residents to stay at home and limit their movement other than for essential needs. Executive Order 9-20 requires the closure of all businesses not deemed “Essential Businesses and Operations.” The Executive Order is effective at 8:00 PM on March 24, 2020 and will remain in effect until lifted by the Governor.
Non-essential businesses are to cease operations, but are allowed to carry on limited “minimum basic operations” such as maintaining the value of the business’s inventory, preserving physical plant and equipment, security, payroll and benefits processing, and activities to facilitate the ability of employees to work from home.
Essential Businesses and Operations
“Essential Businesses and Operations” shall remain open, pursuant to the Executive Order, and include a broad range of businesses that are either identified by the Memorandum on Identification of Essential Critical Infrastructure Workers During COVID 19 Response, issued by the Cybersecurity & Infrastructure Security Agency of the Department of Homeland Security on March 19 or are specifically identified in Section 3 of the Executive Order. Section 3 of the Executive Order specifies certain businesses and workers within the following categories as essential:
- Healthcare, public health operations, and health insurance;
- Grocery stores and pharmacies;
- Food, beverage, and agriculture;
- Essential government functions;
- Human services organizations, childcare facilities, and providers;
- Essential infrastructure;
- Coal-mining and coal-fired electric generation facilities;
- Manufacture, distribution, and supply chain for critical products and industries;
- Transportation, travel-related businesses, and gas stations;
- Financial and insurance institutions;
- Hardware and supply stores;
- Critical trades;
- Mail, post, shipping, logistics, delivery, and pick-up services;
- Religious entities;
- Educational institutions;
- Laundry services;
- Suppliers to those who work from home;
- Suppliers for Essential businesses and operations;
- Home-based care and services;
- Residential facilities and shelters;
- Professional services;
- Hotels and motels; and
- Funeral Services
Feel free to reach out to Lewis Glasser if you are unsure whether your business qualifies as an “Essential Business” under the Executive Order or what activities your business may be able to continue to conduct under the minimum basic operations caveat. As always, reach out at anytime with questions, comments, or concerns.
Matthew R. Bowles
Lewis Glasser PLLC
(O) 304.345.2000 (Ext. 1039) / (D) 304.414.9001
James M. Becker
Lewis Glasser PLLC
(O) 304.345.2000 (Ext. 1014) / (D) 304.414.9014
Lewis Glasser PLLC
304.345.2000 / LewisGlasser.com
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This e-update is advertising material intended to provide addressees with informational updates and perspectives regarding matters of interest in connection with the COVID 19 pandemic. This e-update does not constitute legal advice, the provision of legal counseling or any other professional service, nor does if constitute a legal opinion regarding any specific facts. No attorney-client relationship is created by this e-update and this e-update does not constitute an offer to provide legal services.
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