• Nature of the business: Restaurants and entertainment venues are getting the lion’s share of regulatory attention.
• Essential vs. nonessential: The most important distinction is whether a business is “essential.” Definitions vary greatly, so you must look at the specific definition by the regulatory authority, together with the lists of examples that are typically set forth.
• Whether the policy is permissive or mandatory: Some fall in either category, and some, like Pennsylvania, are unclear.
• Best practices independent of the regulators: You should also evaluate best social distancing practices, independent of whether you are ordered to shut down. Can all or most of your staff work remotely? If not, can they be kept six feet apart? Are common areas being constantly cleaned? Failure to abide by prevailing health recommendations may create unnecessary liability for your company.
• Angelo A. Stio III, Partner, Princeton | 609 951 4125
• Jaclyn M. Essinger, Associate, Boston | 617 443 3711
• Martha E. Guarnieri, Associate, Philadelphia | 215 981 4152
• Kaitlin L. O’Donnell, Associate, Philadelphia | 215 981 4471