Seyfarth Synopsis:  Following the statewide stay-at-home mandate issued by Governor Newsom on March 19, 2020, three California counties, Amador, Merced, and Ventura, and the City of Palm Springs issued their own orders to supplement the statewide order. San Luis Obispo County and the County of Los Angeles amended their orders.

Amador, Merced, and Ventura Counties: All three counties identified a similar list of "Essential Businesses" that are exempt from their respective stay-at-home orders. These "Essential Businesses" largely fall within the exceptions carved out in the recently released list of " Essential Critical Infrastructure Workers" by the State of California's Public Health Officer. We outlined the businesses the State deems critical, here.

These Counties also clarify some of the ambiguities in the State's order. For instance, these Counties state that commercial construction is also deemed as Essential Infrastructure and thus is excluded from their orders. Amador County, however, only allows workers for ongoing commercial construction to continue to travel to work. Workers at projects that start after Amador County's order's effective date of March 20, 2020, are not exempt from the order and must stay at home. Merced and Ventura Counties, on the other hand, do not make such a distinction when labeling commercial construction as essential.

Like many other counties, Amador, Merced, and Ventura require non-essential businesses to cease all activities unless employees can work remotely. Nevertheless, employers can have staff onsite to provide "Minimum Basic Operations," such as protecting inventory and real property, processing payroll and employee benefits, ensuring security, and facilitating remote working.

As to whether documentation is needed to prove exemption, Merced County specifically states in the FAQs accompanying its order that essential workers do not need to carry official documentation demonstrating that they are exempt under the order. The employees must simply be prepared to explain why travel is authorized if requested by law enforcement. Neither Amador nor Ventura County addressed this issue. As a practical matter, essential businesses may want to consider providing the members of their essential workforce with verification of their employment to facilitate their ability to travel to work.

Amador's order is in effect until 11:59 PM on April 3, 2020, and Ventura's order until 11:59 PM on April 20, 2020. Merced County did not set an expiration date on its order, which will remain in force until it is rescinded.

San Luis Obispo County. On March 21, 2020, the County of San Luis Obispo amended its March 18, 2020, shelter-in-place order to set forth definitions of certain terms previously omitted from its March 18th order. The amended order, which lasts through April 17, 2020, is substantially similar to those of Amador, Merced, and Ventura. Its "Essential Businesses" are also captured by the categories set forth in the State's list of Essential Critical Infrastructure Workers. Separate from its order, San Luis Obispo County provided on its website additional categories of businesses, sorted into those that may remain open, those that may open for limited service, and those that must be closed. Moving and trucking services, storage facilities, and hotels and motels are permitted to remain open. Tasting rooms, breweries, and distilleries are limited to production and bottling, delivery and pick up only.

Los Angeles County. On March 21, 2020, the County of Los Angeles revised its March 19, 2020, "safer at home" mandate, to seemingly address contradictions between the county's original order and the State's order. The amended order requires all non-essential businesses, including non-essential retail businesses, to close. It defines "Essential Businesses" consistently with the orders of Amador, Merced, and Ventura, and follows the State's guidelines on essential critical infrastructure sectors. Also excluded from its proscription are Essential Businesses that are part of indoor malls or indoor shopping centers that can be accessed by customers through an exterior door, and Essential Businesses in outdoor malls and outdoor shopping centers. The order defines "non-essential retail businesses" as those that provide goods and services to the public but are not one of the enumerated "Essential Businesses." Notably, the new order is again silent as to whether non-essential businesses may stay open to maintain "Minimum Basic Operations."  

The County's order expressly states that it does not supersede stricter limitations that might be imposed by a city within the county. The amended order is effective until April 19, 2020.

The City of Palm Springs. In addition to Fresno, Los Angeles, Long Beach, and Pasadena, the City of Palm Springs issued its own shelter-in-place order on March 17, 2020, which mirrors the ones unveiled by Amador, Merced, Ventura, and San Luis Obispo Counties. Most importantly, Palm Springs uses the same categories of essential businesses and essential infrastructure operators as these counties. The order runs through April 2, 2020.

Information on prior county and city orders can be found as follows:

  • For order in the State of California, Los Angeles, Colusa, El Dorado, Humboldt, Placer, and Sacramento Counties, along with City of Los Angeles, City of Long Beach, and City of Pasadena, click here and here.
  • For orders in San Francisco, Alameda, Contra Costa, San Mateo, Santa Clara, Santa Cruz and Marin Counties, click here.
  • For orders in Monterey, San Benito, and Sonoma Counties, click here.
  • For orders in Lake, Mendocino, Napa, Solano, Sutter, Yolo, and Yuba Counties, and City of Fresno, click here.

Stay tuned for updates as they come.

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