May 25, 2020

Lockdown Bay Area: Northern California Jurisdictions Extend and Expand Shelter-In-Place Orders

As we previously reported, six Bay Area counties and the City of Berkeley previously issued expansive shelter-in-place orders requiring all but “Essential Businesses” to cease operations.  Yesterday, all seven jurisdictions (AlamedaContra CostaMarinSan FranciscoSan Mateo, and Santa Clara Counties and the City of Berkeley) issued orders extending their shelter-in-place requirements through May 3, 2020.

In addition, the new orders added further limitations on activities that can continue during this period.  Among other things, the new orders:

  • Clarify that, although Essential Businesses are encouraged to remain open, their employees should work remotely to the maximum extent possible;

  • Provide that Essential Businesses may only assign those employees who cannot perform their job duties from home to work outside the home;

  • Mandate that all Essential Businesses prepare, post, distribute to employees, and implement a Social Distancing Protocol at each of their facilities at which they are maintaining operations by no later than April 3, 2020; and

  • Require businesses that include an Essential Business component at their facilities alongside non-Essential components to scale down their operations to the Essential Business component only, to the extent feasible, while permitting mixed retail businesses that are otherwise allowed to operate to stock and sell non-Essential products.

A template Social Distancing Protocol is attached to each of the above-referenced orders as Appendix A.

© 2020 Proskauer Rose LLP.


About this Author


Philippe (Phil) A. Lebel represents employers in all aspects of employment litigation, including wage and hour, wrongful termination, discrimination, harassment, retaliation, whistleblower, trade secrets, and breach of contract litigation, in both the single-plaintiff and class-action context, at both the trial and appellate level, and before administrative agencies. Phil also represents employers in connection with labor law matters, such as labor arbitrations and proceedings before the National Labor Relations Board. Additionally, Phil counsels clients to ensure compliance with federal...