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Volume XII, Number 267


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California Makes A U-Turn

This week California ordered the re-closure of certain higher-risk workplaces, in response to an increase in the spread of Coronavirus Disease 2019 (COVID-19) in some parts of the state. The statewide order requires the following businesses to close immediately:

  • Bars, pubs, and breweries, regardless of whether operating indoors or outdoors. However, outdoor operations may continue if offering sit-down, outdoor, dine-in meals that may be provided by a vendor.

  • Dine-in restaurants with indoor seating only. Restaurants may continue to utilize outdoor seating.

  • Wineries and tasting rooms with indoor facilities only. Wineries and tasting rooms may continue to operate outdoors.

  • Movie theaters. Drive-in movie theaters may continue to operate.

  • Family entertainment centers offering indoor recreation, such as bowling alleys, miniature golf, batting cages, and arcades. Family entertainment centers may continue to provide outdoor services and attractions.

  • Indoor attractions at zoos and museums. Zoos and museums may continue to operate outdoor attractions.

  • Cardrooms.

Also, California has ordered additional higher risk workplaces to immediately close in counties appearing on the County Monitoring list. Those counties are:  Alameda, Colusa, Contra Costa, Fresno, Glenn, Imperial, Kern, Kings, Los Angeles, Madera, Marin, Merced, Monterey, Napa, Orange, Placer, Riverside, Sacramento, San Benito, San Bernardino, San Diego, San Joaquin, Santa Barbara, Solano, Stanislaus, Sutter, Tulare, Ventura, Yolo, and Yuba. These workplaces are:

  • Hair salons and barbershops

  • Gyms and fitness centers

  • Personal care services, such as nail salons, body waxing, and tattoo parlors

  • Places of worship

  • Offices for non-essential sectors

  • Malls with indoor operations

However, these workplaces are permitted to be open to the public and operate if they can modify operations to be outdoors; businesses can use a tent, canopy, or other sun shelter, as long as they allow for sufficient outdoor air movement.

These orders serve as a reminder that California employers must stay abreast of the ever-changing landscape, and remain flexible. Vigilance with compliance efforts will be key to navigating through these challenging times.

©2022 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume X, Number 199

About this Author

Yoon-Woo Nam Associate Employment litigation Employment counseling Commercial litigation

Yoon-Woo Nam focuses his practice on labor & employment and commercial litigation. He represents employers in wrongful termination, harassment, discrimination, retaliation, wage and hour, and whistleblower claims in state and federal court as well as before state and federal administrative agencies.