September 18, 2020

Volume X, Number 262

September 18, 2020

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September 16, 2020

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Arizona Extends Stay Home Order, Allows Phased Reopening of Certain Businesses

Arizona Governor Doug Ducey has issued Executive Order (EO) 2020-33, extending the state’s Stay Home, Stay Healthy, Stay Connected Order, until May 15, 2020. 

The new EO reiterates the importance of physical and social distancing measures and lays out a step-by-step approach to reopening parts of Arizona’s economy. The EO provides new guidance to retailers not deemed “essential” in the Governor’s EO 2020-12.

Retail Businesses

EO 2020-33 allows retail businesses to begin partial operations, including sale of goods through delivery, window, walk-up, drive-through, and drive-up service and curbside delivery, so long as they establish and implement sanitation and physical distancing measures (at least six feet from any other person) consistent with those recommended by the U.S. Department of Labor and the Arizona Department of Health Services.

On May 8, 2020, retailers may expand in-person operations to include shopping in stores, so long as they continue to observe proper social distancing and sanitation measures.

The new guidance applies only to retailers selling goods, not services. Indoor shopping malls and other enclosed or confined areas also must continue to limit operations, and retailers located within such buildings may operate only through delivery, curbside service, or appointment.

“Essential Functions” Businesses

All businesses already classified as Essential Functions may remain open, but they are directed to observe proper social distancing and sanitation measures.

Other Businesses

Businesses not deemed “essential” may continue to conduct business activities that do not require in-person, on-site transactions. They are encouraged to continue basic operations to maintain the value of any inventory, preserve the condition of physical plants and equipment, ensure security, process payroll and employee benefits, facilitate employees’ ability to continue to work remotely from their residences, and other necessary functions, including mail pickup.

Other Provisions

EO 2020-33 reiterates that individuals in Arizona must limit their time away from their place of residence or property, except for participation in Essential Activities (including grocery shopping, seeking medical attention, caring for a family member or pet, exercising outdoors, and engaging in constitutionally protected speech), employment in Essential Functions, and utilization of Essential Business services.

No person who leaves their residence or property is required to provide documentation or proof of their activities to justify them under the Executive Orders.

Next EO Considered

The Governor also announced he is planning to make a determination regarding allowing restaurants to offer dine-in services to customers as early as May 12, 2020. The Governor called that date the “best case scenario,” not a definite date. In the meantime, restaurants and food services may continue providing delivery or take-away services, so long as proper physical distancing and sanitation measures are established and implemented. The Governor will continue to coordinate with public health officials and will provide additional guidance for restaurants soon.

EO 2020-33 follows recent guidance from the federal government regarding the criteria states must meet before allowing gatherings of people and opening businesses that have been closed due to COVID-19. Since issuance of EO 2020-18, Stay Home, Stay Healthy, Stay Connected, on March 30, 2019, Arizona hospitals and intensive care units have undertaken significant efforts to increase capacity and increase the availability of Personal Protective Equipment (PPE) needed to face the potential for an increase in patients needing treatment for COVID-19. However, the phased, strategic reopening of businesses and services is informed by the data showing still significant numbers of people testing positive for COVID-19 in Arizona.

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Employers should consider how EO 2020-33 affects their workplaces and consider what steps they should take to prepare their workforce to return to work.

Jackson Lewis P.C. © 2020National Law Review, Volume X, Number 128

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About this Author

Jeffrey W. Toppel, Employment Attorney,  wrongful termination, Jackson Lewis Law Firm
Principal

Jeffrey W. Toppel is a Principal in the Phoenix, Arizona, office of Jackson Lewis P.C. He represents employers in a wide range of employment-related disputes, including wrongful termination and discrimination claims before various state and federal governmental agencies, as well as the entire spectrum of NLRB, general labor relations and employee relations matters.

Mr. Toppel also represents parties in restrictive covenant and trade secret litigation. In addition to his litigation practice, Mr. Toppel regularly advises employers on issues that arise in the...

602-714-7044
Andrew M. Gaggin General Employment Litigation Attorney Jackson Lewis Phoenix, AZ
Associate

Andrew Gaggin is an Associate in the Phoenix, Arizona, office of Jackson Lewis P.C. He focuses his practice on the representation of management in employment and traditional labor law matters and is a member of the Collegiate and Professional Sports Practice Group. 

Mr. Gaggin represents public and private employers in all types of employment litigation and administrative proceedings, including claims of harassment, discrimination, retaliation, and wrongful termination, as well as wage and hour disputes. He has extensive litigation experience in both state and federal courts, and before government agencies including the Equal Employment Opportunity Commission, the Arizona Civil Rights Division, the Michigan Department of Civil Rights, the Department of Labor, and the National Labor Relations Board. He has litigated numerous cases through trial, arbitration, and mediation, including all phases of discovery and motion practice.

Mr. Gaggin has significant experience defending against unfair labor practice charges, providing advice to employers facing union organization campaigns, and interpreting and negotiating collective bargaining agreements. He counsels employers on a wide variety of employment issues, including day-to-day management of union and non-union employees, preventive practices, internal investigations, and drafting workplace policies and restrictive covenants. Mr. Gaggin also has specific experience advising NCAA collegiate clients regarding compliance issues, investigatory matters, and developing department policies. 

Prior to joining Jackson Lewis, Mr. Gaggin developed a diverse business law practice that included complex commercial litigation, corporate transactions, insurance matters, and resolving contract disputes.  Mr. Gaggin earned an M.B.A. from the Olin School of Business at Washington University in St. Louis, in addition to his law degree from Washington University School of Law.  Mr. Gaggin also officiates collegiate and minor-professional ice hockey. 

602-714-7028