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The COVID Project

Industry 12 of 27 · The orders by layer

Professional and Information Services

Federal, State, metro, sector regulator, standing duty and counterparty: the instruments that reached this industry, layer by layer, with exhibit links.

OFoffice premises under telework…CSclient meetings and site visitsCTcourts, agencies, recorders and…EVconferences, trade shows and…PJprojects dependent on clients'…DCinfrastructure, data centers and…BDbusiness development and federal…HRhiring, licensing examinations…WFworkforce availabilityCBclient base under stay-home…
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The governmental orders by layer

The orders that reached this industry came from every layer of government and every class of authority the Suspension Clause names (section 2301(c)(2)(A)(ii)(I) of the CARES Act, re-enacted as section 3134(c)(2)(A)(ii)(I) of the Internal Revenue Code; the statute page reads it element by element): the President and the federal agencies, the governors and State health officers, the State supreme courts, the officers of the largest metros, the State occupational-safety and licensing agencies, the recorders and secretaries of state, and the courts of the United States. This section inventories them by layer; the tables on this page tabulate them.

The universe

Between March 1 and May 31, 2020, forty-two States and territories issued mandatory stay-at-home orders covering 2,355 of the nation's 3,233 counties.14 On July 2, 2021, thirty-five States had emergency declarations in force and nine had statewide face-covering requirements in force as airborne-transmission controls on indoor public settings; on September 21, 2021, twenty-five States had emergency declarations and eleven had such requirements.15 The Library (this site's Orders Library) indexes the instruments The COVID Project retrieved and graded; that is a count of instruments indexed, not of the orders that reached any employer, and each exhibit is cited for what it says.

The federal layer

2020

The President proclaimed a national emergency on March 13, 2020 (Ex. FED-001). The Office of Management and Budget directed agencies on March 17 to "[m]aximize telework across the nation for the Federal workforce" and to "[a]ssess professional services and labor contracts to extend telework flexibilities to contract workers wherever feasible," and kept that posture through 2020 (Ex. SEC-12-003; Ex. SEC-12-004).16 The Tax Court closed its courthouse to the public from March 20, 2020, announced on March 23, 2020 the cancellation of every trial session through June 30 (the court's announcements, Ex. AGY-FED-LANDS-SCIENCE-COURTS-011 and Ex. AGY-FED-LANDS-SCIENCE-COURTS-012, cited as the record of those actions) and by Administrative Order 2020-02 of May 29, 2020 made every proceeding remote (Ex. AGY-FED-LANDS-SCIENCE-COURTS-005); the district courts of California, Maryland and Arizona suspended trials and grand jury proceedings in March 2020, the District of Colorado continued its trial suspension through July 6, 2020, and the District of New Jersey suspended in-person proceedings again from November 25, 2020 (Ex. FED-317; Ex. FED-312; Ex. ECO-C-057; Ex. FED-288; Ex. FED-303).17 The Patent and Trademark Office waived petition fees for missed deadlines on March 16, 2020 and extended patent and trademark deadlines under CARES Act § 12004 from March 31, 2020 (Ex. AGY-FED-LANDS-SCIENCE-COURTS-032; Ex. AGY-FED-LANDS-SCIENCE-COURTS-027; Ex. AGY-FED-LANDS-SCIENCE-COURTS-028).18 USCIS suspended all face-to-face services from March 18 to June 4 (Ex. FED-324); the Department of State suspended routine visa services worldwide on March 20 and resumed them only post by post from July 15, 2020 (Ex. FED-327; Ex. AGY-FED-LABOR-IMMIGRATION-061); Proclamation 10014 suspended immigrant entry from April 23 and Proclamation 10052 suspended H-1B, L-1, J and H-2B entry from June 24 to March 31, 2021 (Ex. FED-210; Ex. FED-211; Ex. FED-213); the Families First Coronavirus Response Act compelled paid leave from April 1 to December 31, 2020 for every employee under a quarantine order or caring for a child whose school an order had closed (Ex. FED-170; Ex. ECO-B-001; Ex. ECO-B-002).19 The Securities and Exchange Commission exempted every public company from its filing calendar because of "limited access to facilities, support staff, and professional advisors."20

2021, first and second quarters

Executive Order 13991 (January 20, 2021) imposed occupational-health and airborne-transmission controls, face coverings and physical distancing among them, on federal employees, "on-site Federal contractors; and all persons in Federal buildings" (Ex. SEC-12-007); OMB Memorandum M-21-15 provided that "No Federal workplace should operate above 25% of normal occupancy standards" until June 10 (Ex. SEC-12-005; Ex. SEC-12-006); the CDC's conveyance order imposed airborne-transmission controls on every conveyance and transportation hub from February 1, requiring face coverings of every traveler and requiring every operator to refuse boarding to, and to disembark, any person without one (Ex. FED-020; Ex. FED-050); Proclamations 10143 and 10199 continued the entry suspensions (Ex. FED-207; Ex. FED-208); the Northern District of Illinois suspended jury trials to April 5 (Ex. FED-296); the Federal Circuit restricted public access to the National Courts Building from May 24, 2021, admitting persons other than court personnel and arguing counsel only on written request and under infection-prevention conditions, masking and distancing among them, that turned on vaccination status (Ex. AGY-FED-LANDS-SCIENCE-COURTS-074), continued through August 31 and October 31, 2021 (Ex. AGY-FED-LANDS-SCIENCE-COURTS-076; Ex. AGY-FED-LANDS-SCIENCE-COURTS-077).21

2021, third quarter

The six-quarters section states the quarter in full: Executive Order 13991 and the Task Force's Model Safety Principles of July 29, 2021 governed every federal workplace and onsite contractor (Ex. FED-272); Executive Order 14042 (September 9) required covered contracts to carry the clause under which covered contractors' workforces were to be vaccinated by December 8, 2021 (Ex. SEC-12-008; Ex. SEC-12-010); the federal courts remained closed to the public; the conveyance, border and entry orders were in force on every day (Ex. AGY-AVIATION-SURFACE-040).22

The fifty States

The industry's regime

In every State the industry's offices were reached first by the March 2020 closure or stay-at-home order, which in most States carried an express telework command for every business; then by reopening orders that capped office occupancy or continued the telework command; then, across the Northeast, Midwest and West, by a winter re-tightening; and then by a stepped expiry between March 10 and June 30, 2021. The fifty-State table on this page carries every jurisdiction with dates.23

The Northeast

The northeastern States ordered offices to telework or to zero in-person staff in March 2020 and held them under caps and telework mandates into the spring of 2021. New York: telework "to the maximum extent possible" and a one-hundred-percent in-person workforce reduction from March 22, 2020 (Ex. NY-002); offices at fifty percent to May 19, 2021 (Ex. NY-131); exposure-prevention plans from August 5, 2021 (Ex. NY-136).24 New Jersey: telework accommodation required March 21, 2020 to June 4, 2021 (Ex. NJ-004; Ex. NJ-051).25 Pennsylvania: closure of every business not life-sustaining from March 19, 2020 (Ex. PA-002); telework "[u]nless impossible" November 27, 2020 to April 4, 2021 (Ex. PA-022).26 Massachusetts: workplaces closed March 24, 2020 (Ex. MA-008); offices reopened only under the mandatory Office Spaces sector rules from May 25, 2020 (Boston June 1) at the occupancy the Division of Labor Standards protocols fixed, twenty-five and then fifty percent (Ex. MA-017), cut to twenty-five percent from December 26, 2020 (Ex. MA-040) and forty percent from February 8, 2021 (Ex. MA-043), and rescinded May 29, 2021 (Ex. MA-048).27 Connecticut: in-person workforces reduced "by 100%" from March 23, 2020 (Ex. CT-007); offices at fifty percent, with employees who can work from home to continue doing so, May 20, 2020 to May 20, 2021 (Ex. CT-069; Ex. CT-079; Ex. CT-087; Ex. CT-093; ended by Ex. CT-046 § 1). Rhode Island: remote work required from March 23, 2020 (Ex. RI-006); caps lifted May 21, 2021 (Ex. RI-040).28 New Hampshire: work from home "as much as practical" to May 7, 2021 (Ex. NH-021; Ex. NH-045). Vermont: remote work required March 24, 2020 and again from 10:00 p.m. November 14, 2020 to June 15, 2021 (Ex. VT-010; Ex. VT-034). Maine: remote work required May 31, 2020 to June 30, 2021 (Ex. ME-025; Ex. ME-060).29 Delaware: "[t]eleworking must be maximized" from 8:00 a.m. March 24, 2020 (Ex. DE-005); courthouse infection-prevention controls, universal face coverings from August 16, 2021 and weekly testing of unvaccinated judicial officers and employees from September 7, 2021 (Ex. AGY-ST-COURTS-062).30

The South

The southern States closed or confined offices in March and April 2020, and the preemption States among them carried the 2021 quarters through their courts, their emergency instruments and the Delta-wave orders of the summer of 2021. The District of Columbia: closures March 25, 2020 (Ex. DC-005); telework December 23, 2020 to January 22, 2021 (Ex. DC-015); indoor face coverings, with employer duties, as an airborne-transmission control on every indoor space from July 31, 2021 (Ex. DC-057).31 Maryland: closure March 23, 2020 (Ex. MD-005); residual orders to August 15, 2021 (Ex. MD-031).32 Virginia: telework directive of March 23, 2020, effective 11:59 p.m. March 24 (Ex. VA-004); workplace standard from July 27, 2020 through the third quarter of 2021 (Ex. VA-036; Ex. VA-037).33 North Carolina: telework directive March 30, 2020 (Ex. NC-005). Georgia: telework directive April 3, 2020 (Ex. GA-010); Economic Recovery State of Emergency from July 1, 2021 (Executive Order 06.30.21.01, June 30, 2021) (Ex. GA-041; Ex. GA-042), with the workplace-mitigation order of August 19, 2021 (Ex. GA-043).34 Florida: Safer at Home April 3 to May 4, 2020 (Ex. FL-010). Texas: remote telework required from April 2, 2020 (Ex. TX-008); caps ended March 10, 2021 (Ex. TX-029); Supreme Court emergency orders continuously from March 13, 2020 (Ex. TX-048; Ex. TX-040).35 Louisiana: stay-at-home March 23, 2020 (Ex. LA-005); indoor face coverings, with employer and school duties, as an airborne-transmission control on every indoor space from August 4, 2021 (Ex. LA-036). Tennessee: work-from-home directives April 2020 (Ex. TN-007). Kentucky: "[p]rofessional services firms must implement telecommuting and remote work to the fullest extent possible" from March 26, 2020 (Ex. KY-010); offices at fifty and then thirty-three percent (Ex. KY-017; Ex. KY-033).36 Alabama: stay-at-home April 4, 2020 (Ex. AL-013); employer duties to April 9, 2021 (Ex. AL-045). Mississippi: shelter-in-place April 3, 2020 (Ex. MS-009). Arkansas: emergency July 29 to September 27, 2021 (Ex. AR-017).37 South Carolina: "Home or Work" April 7 to May 4, 2020 (Ex. SC-013). Oklahoma: closures March 25 to April 24, 2020 (Ex. OK-006; Ex. OK-011). West Virginia: remote-work directive of March 23, 2020, effective 8:00 p.m. March 24 (Ex. WV-009).38

The Midwest

The midwestern States confined offices in March 2020, several re-closed or re-capped them in the winter of 2020-21, and Michigan bound them by occupational-safety rules. Illinois: Minimum Basic Operations from March 21, 2020 (Ex. IL-005); offices at fifty percent from November 20, 2020 (Ex. IL-031); indoor face coverings, an airborne-transmission control on every indoor public place, from August 30, 2021, paired in the same order with vaccination-or-testing duties for health-care, school and State-facility workers (Ex. IL-042).39 Indiana: stay-at-home and work-from-home directive of March 23, 2020, effective 11:59 p.m. March 24 (Ex. IN-006). Iowa: remote work required November 11, 2020 to February 6, 2021 (Ex. IA-029). Kansas: telework and Minimum Basic Operations March 30 to May 4, 2020 (Ex. KS-009).40 Michigan: in-person work barred March 24, 2020 (Ex. MI-011); remote work required June 1, 2020 (Ex. MI-031); MIOSHA Rule 5(8) October 14, 2020 to May 24, 2021 (Ex. MI-054).41 Minnesota: "[a]ll workers who can work from home must do so" March 27, 2020 to April 14, 2021 (Ex. MN-010; Ex. MN-037). Missouri: work from home "where feasible" April 6 to May 3, 2020 (Ex. MO-004). Nebraska: directed health measures to May 24, 2021 (Ex. NE-026).42 North Dakota: statewide face coverings, an airborne-transmission control carrying employer duties, under State Health Officer Order 2020-08 from November 14, 2020 (Ex. ND-061), with the Governor's companion capacity limits, both ended January 18, 2021 (Ex. ND-074). Ohio: work-from-home directive March 23, 2020 (Ex. OH-011). South Dakota: telework directive April 6, 2020 (Ex. SD-009). Wisconsin: Safer at Home March 25, 2020 (Ex. WI-002; extended by Emergency Order #28, Ex. WI-003); the Governor's statewide face-covering orders, airborne-transmission controls on every indoor setting from August 1, 2020 (Ex. WI-009), until Fabick v. Evers voided them on March 31, 2021 (Ex. WI-021).43

The West

The western States closed offices in March 2020, and California, Oregon and Washington bound them by occupational-safety standards from the autumn of 2020 through the third quarter of 2021. California: stay-at-home March 19, 2020 (Ex. CA-002); offices "Remote" in the Purple tier under the order issued August 28, effective August 31, 2020 (Ex. CA-017; Ex. CA-055); Regional Stay at Home Order December 5, 2020 to January 25, 2021 (Ex. CA-020); Cal/OSHA standards from November 30, 2020 through the third quarter of 2021 (Ex. CA-023; Ex. CA-024); general restrictions ended June 15, 2021 (Ex. CA-029).44 Arizona: telework policy mandatory May 16, 2020 to March 25, 2021 (Ex. AZ-019; Ex. AZ-037). Colorado: in-person work cut fifty percent from March 24, 2020 (Ex. CO-010); offices at ten percent from November 20, 2020 (Ex. CO-081).45 Washington: workplaces closed March 25, 2020 (Ex. WA-016); "Professional Services are required to mandate that employees work from home when possible" with offices at twenty-five percent from 12:01 a.m. November 17, 2020 (Ex. WA-047); framework to June 30, 2021 (Ex. WA-056; Ex. WA-065), replaced July 1, 2021 by Proclamation 20-25.14 (Ex. WA-072); WAC 296-800-14035 from May 26, 2020 through the third quarter of 2021 (Ex. AGY-ST-LABOR-WORKPLACE-050).46 Oregon: "Work in offices is prohibited whenever telework and work-at-home options are available" from March 23, 2020, in force as the baseline of every reopening order and, from December 3, 2020, of the four-tier county framework of Executive Order 20-66 until that framework was rescinded June 30, 2021 (Ex. OR-007; Ex. OR-017; Ex. OR-020; Ex. OR-033; Ex. OR-035; Ex. OR-043), last applied in the counties placed in the framework's most restrictive tier through May 6, 2021; Oregon OSHA temporary rule from November 16, 2020 (Ex. OR-032), made permanent May 4, 2021 (Ex. OR-041). New Mexico: "100%" of the non-essential workforce at home from March 24, 2020 (Ex. NM-006); caps to June 30, 2021 (Ex. NM-057), ended by the order of June 30, 2021 effective July 1 (Ex. NM-060).47 Nevada: stay-at-home order of March 31, 2020, effective April 1 (Ex. NV-012); Pause at twenty-five percent from November 24, 2020 (Ex. NV-030). Utah: teleworking directive March 27, 2020 (Ex. UT-004). Hawaii: stay at home and work from home March 25, 2020 (Ex. HI-004); traveler quarantine throughout (Ex. HI-003).48 Idaho: work from home directed March 25, 2020 (Ex. ID-003). Montana: minimum basic operations from March 28, 2020 (Ex. MT-009). Wyoming: Public Health Orders #1 and #2 from March 19 and 20, 2020 (Ex. WY-004; Ex. WY-005), continued every two weeks until the business restrictions were removed March 16, 2021 (Ex. WY-050; Ex. WY-051) and the school, child-care and event rules on May 31, 2021 (Ex. WY-058). Alaska: home and work-from-home mandate March 28 to May 22, 2020 (Ex. AK-013).49

The winter re-tightening and the 2021 transition

Between October 14 and December 26, 2020, seventeen jurisdictions re-closed or re-capped the industry's offices: California, Colorado, Illinois, Iowa, Kentucky, Massachusetts, Michigan (MIOSHA Rule 5(8), October 14), Minnesota, Nevada, New Mexico, Oregon, Pennsylvania, Rhode Island, Texas (GA-32's automatic fifty-percent rollback in eighteen Trauma Service Areas, Ex. TX-025; Ex. TX-026), Vermont, Washington and the District of Columbia. The re-tightening expired in steps from Iowa on February 6, 2021 through Texas (March 10), Pennsylvania (April 4), Minnesota (April 14), Colorado (April 16), Michigan (May 24), the northeastern States (May 19 to June 11), California (June 15), Oregon, Washington and Maine (June 30) and New Mexico (July 1, 2021).50 Where a State preempted local orders (Texas, Florida, Arizona and Georgia), the State's own courts and emergency declarations carried the 2021 quarters, and the federal layer applied in every one of them.51

The largest metros

The local instruments

New York City required telework and a one-hundred-percent reduction of in-person workforces from March 20 and 25, 2020 (Ex. MET-NYC-005; Ex. MET-NYC-006) and required proof of vaccination for indoor dining, fitness and entertainment from August 17, 2021, enforced from September 13 (Ex. MET-NYC-017). Los Angeles County ordered non-essential offices to "cease in-person operations until further notice" on December 30, 2020 (Ex. MET-LA-012) and by Health Officer order of July 16, 2021, effective July 17, reimposed indoor face coverings on every person and every establishment as an airborne-transmission control, with the vaccination, event and school provisions the same order carried (Ex. MET-LA-018). Chicago's Public Health Order 2020-1 and Cook County's telework order of December 11, 2020 reached every office (Ex. MET-CHI-001; Ex. MET-CHI-034).52 Dallas County's stay-home order and its order of August 11, 2021 requiring every commercial entity to adopt a health and safety policy with universal indoor face coverings (Ex. MET-DFW-005; Ex. MET-DFW-028), Harris County's Stay Home, Work Safe order (Ex. MET-HOU-005) and Montgomery County's indoor face-covering regulation, one of the airborne-transmission controls the county imposed on every indoor public space (Ex. MET-DCM-023), reached their metros.53 Philadelphia barred non-essential activity from 5:00 p.m. March 16, 2020 (Ex. MET-PHL-002), confined offices to remote operation under orders providing that "[r]educed efficiency ... does not constitute impossibility" (Ex. MET-PHL-011; Ex. MET-PHL-012), kept in-person office rules in the spring of 2021 (Ex. MET-PHL-013) and from August 12, 2021 placed every indoor space under airborne-transmission controls, requiring face coverings unless the establishment required proof of vaccination of everyone inside (Ex. MET-PHL-019); Atlanta's, Maricopa County's and Boston's orders reached theirs (Ex. MET-ATL-001; Ex. MET-PHX-023; Ex. MET-BOS-013).54 San Francisco's, Detroit's, Seattle's and King County's orders (Ex. MET-SFO-001; Ex. MET-SFO-011; Ex. MET-DET-001; Ex. MET-SEA-018),55 San Diego County's, Denver's and St. Louis's orders (Ex. MET-SAN-002; Ex. MET-DEN-027; Ex. MET-DEN-023; Ex. MET-STL-006)56 and New Orleans's remote-work and proof-of-vaccination orders and Honolulu's emergency orders (Ex. MET-MSY-003; Ex. MET-MSY-029; Ex. MET-HNL-004; Ex. MET-HNL-032) reached theirs.57

The sector regulators

The courts of the States

Every State's court of last resort or chief justice acted under express constitutional and statutory authority to suspend jury trials, close courthouses, refuse non-essential filings and convert proceedings to remote form, and the court orders of at least twenty-nine States remained in force in the third quarter of 2021.58 Delaware closed every courthouse to the public from March 23 to June 8, 2020 and from August 16, 2021 reimposed universal face coverings in every judicial facility, with weekly testing of unvaccinated judicial officers and employees from September 7 (Ex. AGY-ST-COURTS-024; Ex. AGY-ST-COURTS-062); Cook County barred jury trials from November 23, 2020 and kept the videoconference default through September 30, 2021 (Ex. AGY-ST-COURTS-033; Ex. AGY-ST-COURTS-034); California suspended every jury trial for sixty days on March 23, 2020 (Ex. AGY-ST-COURTS-069); Massachusetts's Seventh Updated Order took effect July 12, 2021 (Ex. AGY-ST-COURTS-080).59

Recorders, clerks, secretaries of state and notaries

The Cook County Clerk, the Maricopa County Recorder and the recording offices of San Diego, Dallas, Tarrant, Mecklenburg, Montgomery (Pennsylvania) and Fayette Counties closed their counters to the public in March 2020, as their closure notices record (Ex. AGY-ST-DMV-SOS-RECORDERS-052; Ex. AGY-ST-DMV-SOS-RECORDERS-054).60 Twenty-five States rewrote the law of notarial acts within weeks of the closures, and in eight States the regimes ran into the third quarter of 2021 (Ex. AGY-ST-DMV-SOS-RECORDERS-040; Ex. AGY-ST-DMV-SOS-RECORDERS-044).61 Motor-vehicle offices closed or went appointment-only in at least twenty States in March 2020, as their closure and appointment notices record (Ex. DC-082).62

Licensing boards and examinations

The Utah Supreme Court replaced the July 2020 bar examination with a diploma privilege (Ex. AGY-ST-TRADE-BOARDS-019); the District of Columbia Court of Appeals cancelled it, citing "the likelihood of continued or renewed prohibitions on large gatherings" (Ex. AGY-ST-TRADE-BOARDS-038); the February 2021 examination was remote in forty-one jurisdictions and the July 2021 examination in thirty (Ex. AGY-ST-TRADE-BOARDS-063; Ex. AGY-ST-TRADE-BOARDS-062).63 Prometric, the vendor that administers the CPA and other licensing examinations, closed every United States test center from March 17 to April 30, 2020 in compliance with the State closure orders, as the NASBA, AICPA and Prometric announcement records (Ex. AGY-ST-TRADE-BOARDS-033); Virginia's DPOR and California's DCA waived license-renewal and examination requirements from March 2020 into the third quarter of 2021 (Ex. AGY-ST-TRADE-BOARDS-022; Ex. AGY-ST-TRADE-BOARDS-050).64

Federal agencies and State labor agencies

The State occupational-safety agencies of Virginia, California, Oregon, Washington and Michigan bound every office in their States by standards carrying civil penalties; Nevada OSHA enforced the Governor's directives against every workplace as occupational-safety violations; and New Mexico's Environment Department bound every employer to report each positive case within four hours.65

The counterparties

Customers, venues, schools, transit and courts

The orders that reached the industry's customers are catalogued in the industry analyses of this site; those that reached its venues, its workforce's children, its commute and its transactions are the gathering, school, conveyance and court orders above.66 The meetings table on this page lists the conferences, conventions, examinations and recurring gatherings of this industry that those venue orders disrupted, with the organizer's stated action and the orders in force on each event's dates.

The ecosystem

The mechanisms

Six mechanisms carried the orders to this industry, each an order in its own right: supply chain and borders (the land-border notices, the entry proclamations, the Title 42 order); workforce, schools and child care (the FFCRA mandate, the school closures, the quarantine orders); travel and gatherings (the interstate quarantines, the DOT minimum-service orders, the gathering limits); courts and public offices; transit; and health care as counterparty (the health-care-worker vaccination orders from July 26, 2021).67 Foreign orders, including the national lockdowns of India and the Philippines that closed the offshore delivery centers of information-services firms, are facts and circumstances treated by category.68

The standing duties

Beneath the emergency orders lay a further layer that bound every employer in this industry on every day of the six quarters: the standing statutes that commanded every person to prevent and control communicable disease and every employer to furnish a safe and healthful workplace, the offenses that punished disobedience of health and emergency orders, and the liability shields that protected only the business that complied with governmental standards, guidance and protocols. Each is an order from an appropriate governmental authority: a statute or rule that commands conduct is an order, and a legislature, a health department, a labor department and an occupational-safety agency are each an appropriate governmental authority; the pandemic directives gave each its content. The layer is stated here for eight States (Texas, Arizona, New York, Massachusetts, California, Nevada, Georgia and Florida); the fifty-one-jurisdiction table is on the standing duties page of this site.69

The first layer is the orders' own conditions of operating, and their verbs are commands. Texas: "Every business establishment in Texas shall operate at no more than 50 percent of the total listed occupancy of the establishment" (Ex. TX-021), and, among GA-29's exposure-control requirements, "Every person in Texas shall wear a face covering over the nose and mouth when inside a commercial entity" (Ex. TX-022). Arizona: every business that "serves the public or is an employer shall develop, establish and implement policies based on guidance from the CDC, Department of Labor, Occupational Safety and Health Administration (OSHA) and ADHS" (Ex. AZ-019), a provision "enforced by law enforcement and regulatory agencies" (Ex. AZ-020). New York: "Each employer shall reduce the in-person workforce at any work locations by 50%" (Ex. NY-003); reopened businesses "must be operated subject to the guidance promulgated by the Department of Health" (Ex. NY-022; Ex. NY-131). Massachusetts: offices operated "provided they comply with all workplace safety rules and standards," which every business "must immediately adopt and maintain" (Ex. MA-017). California's sectors reopened only "with certain modifications" and "must ... continue at all times to practice physical distancing" (Ex. CA-015); Nevada's employers "must take proactive measures to ensure compliance with the social distancing and sanitation guidelines" (Ex. NV-016); Georgia's organizations "shall implement measures which mitigate the exposure and spread of COVID-19" (Ex. GA-017; Ex. GA-043); and in Florida "all persons in Florida shall limit their movements and personal interactions outside of their home" (Ex. FL-010). After a State converted its employer clause to a recommendation, the compulsion rests on the two layers that follow.70

The second layer is standing law. Texas states the duty on every person: "The state has a duty to protect the public health. Each person shall act responsibly to prevent and control communicable disease" (Health and Safety Code § 81.002, Ex. DUT-TX-001), with control measures that "may be imposed on an individual, animal, place, or object" (Ex. DUT-TX-002), a Class B misdemeanor for knowing refusal to perform or allow them (Ex. DUT-TX-006), a third-degree felony for disobeying a published order in an area quarantine (Ex. DUT-TX-005) and a fine and confinement for violating an emergency order (Ex. DUT-TX-012); the other seven States have their equivalents. The workplace-safety duty ran beside them. Section 5(a)(1) of the Occupational Safety and Health Act bound every private employer: "Each employer ... shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees" (Ex. DUT-FED-001). OSHA restated the clause to every employer in March 2020 (FED-088), cited employers under it from September 10, 2020 (Ex. LAW-487) and on April 8, 2021 cited a tax-preparation office, an office of this industry, for a willful violation of the clause, which the Review Commission's administrative law judge affirmed (Ex. DUT-FED-073). The States' statutes say the same: "Each employer shall" provide "a place of employment that is reasonably safe and healthful" and "take all other actions reasonably necessary" (Texas Labor Code § 411.103, Ex. DUT-TX-013); California Labor Code § 6400 (Ex. DUT-CA-009); "each employer shall establish an airborne infectious disease exposure prevention plan" (New York Labor Law § 218-b, Ex. DUT-NY-014); and their equivalents in the other States. California, New York, Massachusetts and Nevada wrote the pandemic duty into workplace rules with their own force of law (Ex. CA-023; Ex. NY-136; Ex. MA-017; Ex. AGY-ST-LABOR-WORKPLACE-032).71

The third layer is the liability shields, which fixed compliance as the standard of care. Texas protects a business unless the claimant proves it "knowingly failed to implement or comply with government-promulgated standards, guidance, or protocols intended to lower the likelihood of exposure to the disease," for every action commenced on or after March 13, 2020 (Ex. DUT-TX-015; Ex. DUT-TX-014); Arizona presumes good faith only for a business that "adopted and implemented reasonable policies related to the public health pandemic," retroactive to March 10, 2020 (Ex. DUT-AZ-010); Florida immunizes only a defendant that "made a good faith effort to substantially comply with authoritative or controlling government-issued health standards or guidance" (Ex. DUT-FL-012); Nevada's shield reaches only a business in substantial compliance with controlling health standards (Ex. NV-054). Georgia set a gross-negligence floor without a compliance clause (Ex. DUT-GA-012); New York and Massachusetts shielded health-care providers only, on compliance conditions (Ex. DUT-NY-016; Ex. DUT-MA-017); California enacted none, so that violation of "a statute, ordinance, or regulation of a public entity" was presumed negligence (Ex. DUT-CA-013). In each form the legislature's premise is the same: compliance with the governmental health standards is what a business owed.72

This analysis keeps the line the instruments drew. A protocol written in "should," the DSHS minimum standard health protocols among them (Ex. DUT-TX-020), is treated as a recommendation made compulsory only through the instrument that incorporated it: the order that conditioned operation on it, the shield that protected only the business that followed it, or the general duty clause that treated it as the recognized standard of abatement. An employer that emptied its office, distanced its floor, screened its staff and saw one customer at a time in that environment was not choosing; it was complying.73

  1. Moreland et al., Timing of State and Territorial COVID-19 Stay-at-Home Orders and Changes in Population Movement, 69 MMWR 1198 (Sept. 4, 2020) (Ex. LAW-201). ↩
  2. Katz et al., COVID AMP dataset, 10 Sci. Data 491 (2023) (Ex. LAW-202); Council of State Governments and Ballotpedia count of 2,065 executive orders (June 29, 2020) (Ex. LAW-203); HHS, State and County Policy Orders dataset (Ex. LAW-205); Kaiser Family Foundation, State COVID-19 Data and Policy Actions (July 2, 2021) (Ex. LAW-246); id. (Sept. 21, 2021) (Ex. LAW-247). ↩
  3. Proclamation 9994, 85 Fed. Reg. 15337 (Mar. 18, 2020) (Ex. FED-001); Stafford Act emergency determination of Mar. 13, 2020 (Ex. FED-006); OMB Memorandum M-20-16 (Mar. 17, 2020) (Ex. SEC-12-003; Ex. FED-264); OMB Memorandum M-20-13 (Mar. 12, 2020) (Ex. SEC-12-001; Ex. FED-262); OMB/OPM Memorandum M-20-23 (Apr. 20, 2020) (Ex. SEC-12-004; Ex. FED-268). ↩
  4. Supreme Court of the United States, COVID-19 Announcements (Ex. AGY-FED-LANDS-SCIENCE-COURTS-025) (the Court's announcements page, cited as the record of the Building's closure to the public; context, not an order); Press release of Mar. 16, 2020 (Ex. SEC-12-018; Ex. FED-291); Order of Mar. 19, 2020 (Ex. FED-292; Ex. AGY-FED-LANDS-SCIENCE-COURTS-019); Press release of Apr. 3, 2020 (Ex. FED-293); Judicial Conference finding of Mar. 29, 2020 under CARES Act § 15002 (Ex. SEC-12-020; Ex. FED-295); United States Tax Court, press releases of Mar. 11, 13, 18 and 23, 2020 (Ex. AGY-FED-LANDS-SCIENCE-COURTS-009, Ex. AGY-FED-LANDS-SCIENCE-COURTS-010, Ex. AGY-FED-LANDS-SCIENCE-COURTS-011, Ex. AGY-FED-LANDS-SCIENCE-COURTS-012; Ex. SEC-12-024; Ex. SEC-12-087) (the court's announcements of the session cancellations and the courthouse closure; context, not orders); Administrative Order No. 2020-02 (May 29, 2020) (Ex. AGY-FED-LANDS-SCIENCE-COURTS-005; Ex. SEC-12-025); press releases of May 29 and June 19, 2020 (Ex. AGY-FED-LANDS-SCIENCE-COURTS-014, Ex. AGY-FED-LANDS-SCIENCE-COURTS-015) (announcements; context); Federal Circuit, Administrative Orders of Mar. 16 and 20, 2020 (Ex. AGY-FED-LANDS-SCIENCE-COURTS-070, Ex. AGY-FED-LANDS-SCIENCE-COURTS-071); Administrative Order 2020-02 (May 18, 2020) (Ex. AGY-FED-LANDS-SCIENCE-COURTS-072); Order of June 26, 2020 (Ex. AGY-FED-LANDS-SCIENCE-COURTS-073); N.D. Cal. General Orders 72 (Mar. 16, 2020) (Ex. FED-317; Ex. SEC-12-021), 72-2 (Ex. FED-318), 72-3 (Ex. FED-330), 72-4 (Ex. FED-331), 73 (Ex. FED-334), 75 (Ex. FED-335), 77 (Ex. FED-336); C.D. Cal. Orders of the Chief Judge Nos. 20-042 and 20-078 (Ex. FED-284, Ex. FED-285); D. Md. Standing Orders 2020-02, 2020-04, 2020-05 (Ex. FED-310, Ex. FED-311, Ex. FED-312); D.N.J. Standing Order 20-13 (Ex. FED-302) (face coverings); Standing Order 20-17 (Nov. 25, 2020) (Ex. FED-303); Third Extension of Standing Order 20-12 (Dec. 17, 2020) (Ex. FED-304); Standing Order 21-02 (Jan. 2021) (Ex. FED-305); Standing Order 21-04 (Mar. 11, 2021) (Ex. FED-306); D. Colo. General Order 2020-8 (May 6, 2020) (Ex. FED-288); D. Ariz. General Order 20-12 (Mar. 16, 2020) (Ex. ECO-C-057). ↩
  5. USPTO, Official Gazette notice of Mar. 16, 2020 (Ex. AGY-FED-LANDS-SCIENCE-COURTS-032); Notices of Waiver of Patent-Related and Trademark-Related Timing Deadlines (Mar. 31, 2020) (Ex. AGY-FED-LANDS-SCIENCE-COURTS-027, Ex. AGY-FED-LANDS-SCIENCE-COURTS-028); Notice of Extended Waiver (Apr. 28, 2020) (Ex. AGY-FED-LANDS-SCIENCE-COURTS-029); May 2020 Update (Ex. AGY-FED-LANDS-SCIENCE-COURTS-030); IRS, IR-2020-59, People First Initiative (Mar. 25, 2020) (Ex. SEC-12-026; Ex. AGY-FED-FINANCIAL-080); IRS Operations During COVID-19 (Ex. SEC-12-027); IRS Statement on Taxpayer Assistance Centers (June 26, 2020) (Ex. AGY-FED-FINANCIAL-085) (statement; context); Notice 2020-18, 2020-15 I.R.B. 590 (Ex. AGY-FED-FINANCIAL-078); Notice 2020-23, 2020-18 I.R.B. 742 (Ex. AGY-FED-FINANCIAL-082); Notice 2021-21, 2021-15 I.R.B. 986 (Ex. AGY-FED-FINANCIAL-084). ↩
  6. USCIS alerts of Mar. 17 and May 27, 2020 (Ex. FED-324, Ex. FED-325; Ex. AGY-FED-LABOR-IMMIGRATION-053, Ex. AGY-FED-LABOR-IMMIGRATION-056) (the agency's service alerts, cited with the Federal Register recital that follows as the record of the suspension); Asylum Interview Interpreter Requirement Modification, 85 Fed. Reg. 59655 (Sept. 23, 2020) (Ex. AGY-FED-LABOR-IMMIGRATION-049) (USCIS "temporarily suspended all face-to-face services with the public from March 18, 2020 to June 4, 2020"); Department of State, Suspension of Routine Visa Services (Mar. 20, 2020) (Ex. SEC-12-016; Ex. FED-327; Ex. AGY-FED-LABOR-IMMIGRATION-060); Phased Resumption of Routine Visa Services (July 14, 2020) (Ex. AGY-FED-LABOR-IMMIGRATION-061); EOIR Operational Status (Ex. SEC-12-030; Ex. AGY-FED-LABOR-IMMIGRATION-086) (status page; context); NLRB releases of Mar. 15-23 and Apr. 17, 2020 (Ex. AGY-FED-LABOR-IMMIGRATION-077, Ex. AGY-FED-LABOR-IMMIGRATION-089, Ex. AGY-FED-LABOR-IMMIGRATION-078, Ex. AGY-FED-LABOR-IMMIGRATION-090, Ex. AGY-FED-LABOR-IMMIGRATION-091, Ex. AGY-FED-LABOR-IMMIGRATION-094) (releases; context); NLRB, Suspension of Representation Elections (Mar. 19, 2020) (Ex. AGY-FED-LABOR-IMMIGRATION-075); resumption (Apr. 1, 2020) (Ex. AGY-FED-LABOR-IMMIGRATION-076); Proclamation 10014, 85 Fed. Reg. 23441 (Apr. 27, 2020) (Ex. SEC-12-015; Ex. FED-210; Ex. AGY-FED-LABOR-IMMIGRATION-007); Proclamation 10052, 85 Fed. Reg. 38263 (June 25, 2020) (Ex. SEC-12-012; Ex. FED-211; Ex. AGY-FED-LABOR-IMMIGRATION-008); Proclamation 10054, 85 Fed. Reg. 40085 (July 2, 2020) (Ex. SEC-12-013; Ex. FED-212; Ex. AGY-FED-LABOR-IMMIGRATION-009); Proclamation 10131, 86 Fed. Reg. 417 (Jan. 6, 2021) (Ex. SEC-12-014; Ex. FED-213); DHS announcement of Mar. 20, 2020 (Form I-9) (Ex. ECO-C-126; Ex. AGY-FED-LABOR-IMMIGRATION-068) (announcement; context); ICE, I-9 extension announcement (Sept. 14, 2020) (Ex. AGY-FED-LABOR-IMMIGRATION-069) (announcement; context); Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Ex. FED-170; Ex. ECO-B-001); 29 C.F.R. part 826, 85 Fed. Reg. 19326 (Apr. 6, 2020) (Ex. ECO-B-002; Ex. AGY-FED-LABOR-IMMIGRATION-001); 85 Fed. Reg. 57677 (Sept. 16, 2020) (Ex. ECO-B-003). ↩
  7. SEC Release No. 34-88318 (Mar. 4, 2020) (Ex. AGY-FED-FINANCIAL-050); Release No. 34-88465 (Mar. 25, 2020) (Ex. AGY-FED-FINANCIAL-056); Investment Company Act Release No. 33824 (Mar. 25, 2020) (Ex. AGY-FED-FINANCIAL-057); Investment Company Act Release No. 33897 (June 19, 2020) (Ex. AGY-FED-FINANCIAL-064); Staff Guidance for Conducting Shareholder Meetings (Mar. 13, 2020) (Ex. AGY-FED-FINANCIAL-053); FINRA Regulatory Notice 20-08 (Mar. 9, 2020) (Ex. AGY-FED-FINANCIAL-074) (guidance; context); FINRA Regulatory Notice 20-42 (Dec. 16, 2020) (Ex. AGY-FED-FINANCIAL-076); CFTC Staff Letter 20-26 (Ex. AGY-FED-FINANCIAL-071); Federal Reserve Board statement of Mar. 24, 2020 (Ex. AGY-FED-FINANCIAL-011) (statement; context); OCC, Director, Shareholder, and Member Meetings, 85 Fed. Reg. 31943 (May 28, 2020) (Ex. AGY-FED-FINANCIAL-020); NASA Administrator's statement of Mar. 17, 2020 (Ex. AGY-FED-LANDS-SCIENCE-COURTS-081) (statement; context); Secretary of the Interior's memorandum of Mar. 22, 2020 (Ex. AGY-FED-LANDS-SCIENCE-COURTS-050); Census Bureau, 2020 Census Operational Adjustments (Ex. AGY-FED-LANDS-SCIENCE-COURTS-095, Ex. AGY-FED-LANDS-SCIENCE-COURTS-096) (announcements; context); Tax Court press release of Oct. 29, 2020 (Ex. AGY-FED-LANDS-SCIENCE-COURTS-017) and guidance of Aug. 6, 2020 (Ex. AGY-FED-LANDS-SCIENCE-COURTS-016) (announcement and guidance; context); N.D. Cal. General Orders 72-5 and 72-6 (Ex. FED-332, Ex. FED-333); D.N.J. Standing Order 20-17 (Nov. 25, 2020) (Ex. FED-303). ↩
  8. Executive Order 13991, 86 Fed. Reg. 7045 (Jan. 25, 2021) (Ex. SEC-12-007; Ex. FED-060); OMB Memorandum M-21-15 (Jan. 24, 2021) (Ex. SEC-12-005; Ex. FED-270); OMB Memorandum M-21-25 (June 10, 2021) (Ex. SEC-12-006; Ex. FED-271); Executive Order 13998 (Ex. FED-061); CDC, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021) (Ex. FED-020); TSA Security Directive SD 1582/84-21-01 (Ex. FED-050) and -01A (Ex. FED-051); Proclamation 10143 (Ex. FED-207); Proclamation 10199 (Ex. FED-208); Proclamation 10149 (Ex. FED-214); DHS I-9 update of Mar. 31, 2021 (Ex. ECO-C-126); FRA Emergency Order No. 32, 86 Fed. Reg. 11888 (Mar. 1, 2021) (Ex. AGY-AVIATION-SURFACE-014); DOT COVID-19 Workplace Safety Plan (Feb. 19, 2021) (Ex. AGY-AVIATION-SURFACE-038); DOT Order 2021-1-5 (Ex. AGY-AVIATION-SURFACE-033); N.D. Ill. Tenth Amended General Order 20-0012 (Ex. FED-296); Amended General Order 21-0006 (May 26, 2021) (Ex. FED-297); Fifth Amended General Order 20-0022 (Ex. FED-301); Federal Circuit Administrative Orders 2021-09 and 2021-10 (Ex. AGY-FED-LANDS-SCIENCE-COURTS-074, Ex. AGY-FED-LANDS-SCIENCE-COURTS-075); N.D. Cal. General Order 78 (Ex. FED-337); D. Md. Amended Standing Order 2021-07 (Ex. FED-313). ↩
  9. Safer Federal Workforce Task Force, Agency Model Safety Principles (rev. July 29, 2021) (Ex. FED-272); The White House, Fact Sheet of July 29, 2021 (Ex. SEC-12-075); Certification of Vaccination form (Ex. SEC-12-077; Ex. FED-278); Executive Order 14042 (Sept. 9, 2021) (Ex. SEC-12-008; Ex. FED-063); Executive Order 14043 (Ex. FED-064); Task Force, Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021) (Ex. SEC-12-010); OMB Determination, 86 Fed. Reg. 53691 (Sept. 28, 2021) (Ex. SEC-12-009; Ex. FED-275); DOT Acquisition Directive 2021-02 (Ex. AGY-AVIATION-SURFACE-040); see the six-quarters section below. ↩
  10. The State instruments cited in the State-by-State paragraphs that follow; the fifty-State table on this page. ↩
  11. Executive Orders No. 202.6, 202.7 and 202.8 (Mar. 18-20, 2020) (Ex. NY-003, Ex. NY-004, Ex. NY-002); Interim Guidance for Office-Based Work (May 29, 2020) (Ex. NY-131); Office-Based Work Guidelines (Ex. NY-119); Executive Order No. 202.108 (May 17, 2021) (Ex. NY-054); Executive Order No. 210 (June 24, 2021) (Ex. NY-049); Chapter 105 of the Laws of 2021 (Ex. NY-082; Ex. ECO-B-120); HERO Act amendments (June 11, 2021) (Ex. AGY-ST-LABOR-WORKPLACE-011); Airborne Infectious Disease Exposure Prevention Standard (July 6, 2021) (Ex. NY-129; Ex. SEC-12-067); 12 NYCRR § 840.1 (Aug. 5, 2021) (Ex. NY-136); Commissioner's Designation (Sept. 6, 2021) (Ex. NY-127); continuation (Sept. 30, 2021) (Ex. NY-128). ↩
  12. Executive Order No. 107 (Mar. 21, 2020) (Ex. NJ-004); Executive Order No. 192 (Oct. 28, 2020) (Ex. NJ-036); Executive Orders No. 242 and 243 (May 24 and 26, 2021) (Ex. NJ-050, Ex. NJ-051); Executive Order No. 251 (Aug. 6, 2021) (Ex. NJ-055); Executive Order No. 253 (Aug. 23, 2021) (Ex. NJ-057). ↩
  13. Order of the Governor Regarding the Closure of All Businesses That Are Not Life Sustaining (Mar. 19, 2020) (Ex. PA-002); Order of the Secretary of Health (Ex. PA-003); Industry Operation Guidance (Ex. PA-004); Stay at Home Order (Mar. 23, 2020) (Ex. PA-005); Orders of July 15, 2020 (Ex. PA-016, Ex. PA-017); Orders of Nov. 23, 2020 (Ex. PA-022, Ex. PA-023); Amendments of Mar. 1 and Apr. 1, 2021 (Ex. PA-031, Ex. PA-033); Amendments of May 13, 2021 (Ex. PA-035, Ex. PA-036); House Resolution No. 106 (June 10, 2021) (Ex. PA-039); Act 21 of 2021 (Ex. PA-040); Act 73 of 2021 (Ex. PA-043); Termination of the Face Coverings Order (June 28, 2021) (Ex. PA-100); Order Directing Face Coverings in School Entities (Aug. 31, 2021) (Ex. PA-042). ↩
  14. COVID-19 Order No. 13 (Mar. 23, 2020) (Ex. MA-008); Order No. 33 (May 18, 2020) (Ex. MA-017) (incorporating the mandatory sector safety standards, the Office Spaces standards among them); Order No. 59 (Dec. 22, 2020) (Ex. MA-040); Order No. 63 (Feb. 4, 2021; effective Feb. 8, 2021) (Ex. MA-043); Order No. 69 (May 28, 2021) (Ex. MA-048); Governor's Declaration Pursuant to G.L. c. 17, § 2A (May 28, 2021) (Ex. MA-049); Order of the Commissioner of Public Health Regarding Face Coverings (Ex. MA-050). ↩
  15. Executive Order No. 7H (Mar. 20, 2020) (Ex. CT-007); Executive Order No. 7ZZ (Ex. CT-021); DECD Sector Rules: Offices (May 8, 2020 version) (Ex. CT-069); (July 22, 2020 version) (Ex. CT-079); (Nov. 10, 2020 version) (Ex. CT-087); (Dec. 11, 2020 version) (Ex. CT-093); Executive Order No. 12B (May 20, 2021) (Ex. CT-046); Executive Order No. 13A (Aug. 5, 2021) (Ex. CT-050); DPH Order (Aug. 7, 2021) (Ex. CT-052); Judicial Branch notice of June 10, 2020 (Ex. CT-073); Executive Order 20-09 (Mar. 22, 2020) (Ex. RI-006); Executive Order 20-50 (Ex. RI-021); Executive Order 20-100 (Ex. RI-029); Executive Order 21-18 (Ex. RI-035); Executive Order 21-57 (May 21, 2021) (Ex. RI-040); Executive Order 21-76 (July 6, 2021) (Ex. RI-047). ↩
  16. Emergency Order #17 (Mar. 26, 2020) (Ex. NH-009) and Exhibit A (Ex. NH-010); Emergency Order #52 (June 15, 2020) (Ex. NH-021); Universal Guidelines for All New Hampshire Employers and Employees (May 1, 2020) (Ex. NH-045); Emergency Order #90 (Ex. NH-038); Executive Order 2021-10 (May 28, 2021) (Ex. NH-039); Addendum 6 to Executive Order 01-20 (Mar. 24, 2020) (Ex. VT-010); Amended and Restated Executive Order No. 01-20, § 9(e) (June 15, 2020) (Ex. VT-025); Addendum 8 (Nov. 13, 2020) (Ex. VT-034); Addendum 16 (Ex. VT-043); Executive Order No. 06-21 (June 15, 2021) (Ex. VT-044); Executive Order 19 FY 19/20 (Ex. ME-007); Executive Order 28 FY 19/20 (Ex. ME-011); Executive Order 55 FY 19/20 (May 29, 2020) (Ex. ME-025); Executive Orders 38 and 39 FY 20/21 (Ex. ME-057, Ex. ME-058); Executive Order 40 FY 20/21 (June 30, 2021) (Ex. ME-060). ↩
  17. Fourth and Fifth Modifications of the Declaration of a State of Emergency (Mar. 22, 2020) (Ex. DE-005, Ex. DE-006); Twenty-Eighth Modification (Ex. DE-037); Termination of State of Emergency (July 12, 2021) (Ex. DE-040); Declaration of a Public Health Emergency (July 12, 2021) (Ex. DE-041); Delaware Supreme Court, Order Declaring a Judicial Emergency (Ex. AGY-ST-COURTS-021); Administrative Order No. 22 (Ex. AGY-ST-COURTS-061); Administrative Order of Aug. 11, 2021 (Ex. AGY-ST-COURTS-062). ↩
  18. Mayor's Order 2020-053 (Ex. DC-005); Mayor's Order 2020-127 (Dec. 18, 2020) (Ex. DC-015); Mayor's Order 2021-038 (Ex. DC-016); Situational Update (May 17, 2021) (Ex. DC-073); Mayor's Order 2021-097 (July 29, 2021) (Ex. DC-057); Superior Court orders of July 14 and Sept. 1, 2021 (Ex. DC-059, Ex. DC-060); Joint Committee face-covering order (Ex. DC-023). ↩
  19. Orders No. 20-03-23-01 and 20-03-30-01 (Ex. MD-005, Ex. MD-007); Order No. 21-03-09-01 (Ex. MD-026); Order No. 21-05-14-01 (Ex. MD-030); Order No. 21-06-15-01 (Ex. MD-031); State-employee telework order (Ex. MD-096); Administrative Order on Statewide Closing of the Courts (Ex. MD-081); Third Amended Administrative Order and Ninth Administrative Order (Aug. 6, 2021) (Ex. MD-090, Ex. MD-091); Administrative Order on Vaccination Requirements (Aug. 20, 2021) (Ex. MD-092). ↩
  20. Executive Order 53 (Ex. VA-004); Executive Order 55 (Ex. VA-006); 16VAC25-220 Emergency Temporary Standard (Ex. VA-036; Ex. SEC-12-063; Ex. ECO-B-045); 16VAC25-220 Final Standard (Ex. VA-037); amendments (Sept. 8, 2021) (Ex. VA-038); Executive Order 79 (Ex. VA-017, Ex. VA-029); Order Declaring a Judicial Emergency (Ex. VA-039); Twenty-Sixth and Twenty-Eighth Orders (Ex. VA-041, Ex. VA-042). ↩
  21. Executive Order No. 121 (Ex. NC-005); Executive Order No. 181 (Ex. NC-023); Executive Orders No. 215, 220 and 224 (Ex. NC-029, Ex. NC-030, Ex. NC-031); Order of the Chief Justice (Mar. 13, 2020) (Ex. NC-049); Executive Order 04.02.20.01 (Ex. GA-010); Executive Orders 03.31.21.03 and 04.30.21.01 (Ex. GA-034, Ex. GA-035); Executive Orders 06.30.21.01 and 06.30.21.02 (June 30, 2021) (Ex. GA-041, Ex. GA-042); Executive Order 08.19.21.03 (Ex. GA-043); Order Declaring Statewide Judicial Emergency (Ex. SEC-12-034); Local Judicial Emergency Order (July 1, 2021) (Ex. GA-051); Order Granting Relief from Speedy Trial Requirements (Ex. GA-052); Executive Order 03.31.20.01 (Ex. GA-057; Ex. ECO-C-115). ↩
  22. Executive Orders 20-91 and 20-92 (Ex. FL-010, Ex. FL-018); Executive Order 20-244 (Ex. FL-047); Executive Order 21-102 (Ex. FL-060); Administrative Order AOSC20-13 (Ex. FL-064; Ex. SEC-12-044); AOSC21-17 and Amendment 1 (Ex. FL-069, Ex. FL-070); Executive Order GA-14 (Ex. TX-008); Executive Order GA-09 (Ex. TX-004); Executive Order GA-18 (Ex. TX-011); Executive Order GA-29 (Ex. TX-022); Executive Order GA-34 (Ex. TX-029); Executive Order GA-38 (Ex. TX-036); First Emergency Order (Ex. TX-048; Ex. SEC-12-036; Ex. ECO-C-061); Thirty-Eighth Emergency Order (Ex. TX-064; Ex. ECO-C-069); Thirty-Ninth and Fortieth Emergency Orders (Ex. TX-041, Ex. TX-040; Ex. ECO-C-070); Open Meetings Act suspension (Ex. TX-002). ↩
  23. Proclamations 33 JBE 2020 and 41 JBE 2020 (Ex. LA-005, Ex. LA-007); Proclamation 168 JBE 2020 (Ex. LA-023); Proclamation 93 JBE 2021 (Ex. LA-032); Proclamation 137 JBE 2021 (Ex. LA-036); Proclamation 181 JBE 2021 (Ex. LA-040); Supreme Court of Louisiana Order of Mar. 16, 2020 (Ex. LA-059); Executive Orders No. 22, 23 and 27 (Ex. TN-007, Ex. TN-008, Ex. TN-011); Executive Order No. 63 (Ex. TN-024); Executive Order No. 70 (Ex. TN-027); Executive Order No. 82 (Ex. TN-034); Executive Order No. 26 (Ex. TN-010); Order Suspending In-Person Court Proceedings (Ex. TN-043); Order of Aug. 26, 2021 (Ex. TN-051); Executive Order 2020-257 (Ex. KY-010); Executive Order 2020-323 (Ex. KY-017); Executive Order 2020-968 (Ex. KY-033); Executive Order 2021-386 (Ex. KY-049); Executive Order 2021-585 (Ex. KY-052); Administrative Order 2020-08 (Ex. KY-002); Administrative Orders 2021-27 and 2021-28 (Ex. KY-058, Ex. KY-059). ↩
  24. Order of the State Health Officer (Apr. 3, 2020) (Ex. AL-013); Safer at Home Order (Ex. AL-017); Order of Mar. 4, 2021 (Ex. AL-045); Proclamation of Aug. 13, 2021 (Ex. AL-052); Administrative Order No. 13 (Ex. AL-064); Executive Orders 1466 and 1477 (Ex. MS-009, Ex. MS-014); Executive Order 1549 (Ex. MS-051); Executive Order 1551 (Apr. 30, 2021) (Ex. MS-053); Executive Order 1467 (Ex. AGY-ST-DMV-SOS-RECORDERS-113); Executive Order 20-13 (Ex. AR-003); Executive Order 21-03 (Ex. AR-014); Executive Order 21-14 (Ex. AR-017). ↩
  25. Executive Order No. 2020-11 (Ex. SC-004); Executive Order No. 2020-21 (Ex. SC-013); Executive Orders No. 2021-11 and 2021-12 (Ex. SC-032, Ex. SC-033); Executive Order No. 2021-25 (Ex. SC-036); Order re Statewide Evictions and Foreclosures (Ex. SC-046); Order re Operation of the Trial Courts (June 15, 2021) (Ex. SC-054); Order re Required Use of Protective Masks in Courthouses (Ex. SC-063); Fourth and Seventh Amended Executive Orders 2020-07 (Ex. OK-006, Ex. OK-011); First Amended Executive Order 2021-07 (Ex. OK-039); Executive Order 2021-16 (Ex. OK-042); Second and Third Emergency Joint Orders (Ex. OK-050, Ex. OK-051); Executive Order 9-20 (Ex. WV-009); Executive Order 20-20 (Ex. WV-017); Executive Order 12-21 (Ex. WV-063); Proclamation (State of Emergency) (Ex. WV-001); Executive Order 23-21 (Ex. WV-067); Administrative Order of Mar. 16, 2020 (Ex. WV-069). ↩
  26. Executive Order 2020-10 (Ex. IL-005); Executive Order 2020-73 (Ex. IL-031); Executive Order 2021-03 (Ex. IL-034); Executive Order 2021-12 (Ex. IL-037); Executive Order 2021-20 (Ex. IL-042); Executive Order 2021-22 (Ex. IL-043); M.R. 30370 (Mar. 17, 2020 and Apr. 6, 2021) (Ex. IL-062, Ex. IL-067). ↩
  27. Executive Orders 20-08 and 20-18 (Ex. IN-006, Ex. IN-016); Executive Order 21-09 (Ex. IN-059); Executive Orders 21-22 and 21-24 (Ex. IN-069, Ex. IN-071); Order Extending Authority for Expanded Remote Hearings (Ex. IN-081); Proclamations of Mar. 17, Apr. 16 and Nov. 10, 2020 and Jan. 7 and Feb. 5, 2021 (Ex. IA-002, Ex. IA-010, Ex. IA-029, Ex. IA-034, Ex. IA-035); Iowa Supreme Court order of Aug. 27, 2021 (Ex. IA-056); Executive Order 20-16 (Ex. KS-009); Proclamation of May 26, 2020 (Ex. KS-023); Executive Order 20-52 (Ex. KS-030); Senate Bill 40 (Ex. KS-040); Administrative Order 2021-PR-100 (Ex. KS-074). ↩
  28. Executive Order 2020-21 (Ex. MI-011); Executive Order 2020-110 (Ex. MI-031); MIOSHA Emergency Rules (Ex. MI-054; Ex. SEC-12-059) and as amended May 24, 2021 (Ex. AGY-ST-LABOR-WORKPLACE-062); 2020 PA 238 (Ex. MI-057); MDHHS Rescission (Ex. MI-076); Administrative Order No. 2020-1 (Ex. MI-004); Order of July 2, 2021 (Ex. MI-079). ↩
  29. Emergency Executive Order 20-20 (Ex. MN-010); Emergency Executive Order 20-99 (Ex. MN-032); Emergency Executive Order 21-11 (Ex. MN-037) (¶ 7.a.i: "Until April 14, 2021 at 11:59 pm, employees who can work from home, must work from home"); Orders Governing the Continuing Operations of the Minnesota Judicial Branch (Ex. MN-046, Ex. MN-053, Ex. MN-054); DHSS Director's Orders of Apr. 3 and May 28, 2020 (Ex. MO-004, Ex. MO-007); Executive Order 21-07 (Mar. 26, 2021) (Ex. MO-018), terminated Aug. 27, 2021 by Executive Order 21-09, which continued the state of emergency to Dec. 31, 2021 (Ex. MO-020); RSMo 67.265 (Ex. MO-021); Supreme Court of Missouri Order of Mar. 22, 2020 (Ex. MO-024); Directed Health Measure Orders 2020-001, 2020-009, 2020-SCHD-012 and 2020-DCHD-019 (Ex. NE-002, Ex. NE-008, Ex. NE-021, Ex. NE-026); Executive Order 21-09 (June 28, 2021) (Ex. NE-067); Executive Order 21-12 (Aug. 26, 2021) (Ex. NE-068). ↩
  30. Executive Orders 2020-06, 2020-06.2 and 2020-06.3 (Ex. ND-005, Ex. ND-017, Ex. ND-028); State Health Officer Order 2020-08 (Ex. ND-061); Executive Order 2020-43.5 (Ex. ND-074); House Bill 1118 (Ex. ND-078); Administrative Order 25 (Ex. ND-085); Director's Stay At Home Order (Ex. OH-011); Director's Stay Safe Ohio Order (Ex. OH-019); Director's Second Amended Order (May 17, 2021) (Ex. OH-048); Second Amended Reporting Requirements (Ex. OH-072); Am. Sub. H.B. 197 (Ex. OH-012); 2020-Ohio-1166 (Ex. OH-013; Ex. SEC-12-039; Ex. ECO-C-074); Sub. S.B. 22 (Ex. OH-045); Executive Orders 2020-05, 2020-12 and 2020-20 (Ex. SD-002, Ex. SD-009, Ex. SD-017); Order Declaring Judicial Emergency (Ex. SD-045); orders currently approved (Sept. 8, 2021) (Ex. SD-083); Standing Order of July 1, 2021 (Ex. SD-088); Emergency Orders #12 and #28 (Ex. WI-002, Ex. WI-003); Governor's Emergency Order #1 (July 30, 2020) (Ex. WI-009); Fabick v. Evers, 2021 WI 28 (Ex. WI-021); Order In re Jury Trials (Ex. WI-025); Order of May 21, 2021 (Ex. WI-029). ↩
  31. Executive Order N-33-20 (Ex. CA-002, Ex. CA-007); State Public Health Officer Order of July 13, 2020 (Ex. CA-010); Blueprint for a Safer Economy (Ex. CA-017); Blueprint Activity and Business Tiers chart (Ex. CA-055); Regional Stay at Home Order (Ex. CA-020); Cal/OSHA Emergency Temporary Standards (Ex. CA-023), as readopted June 17, 2021 (Ex. CA-024); Beyond the Blueprint (Ex. CA-029); Guidance for the Use of Face Coverings (July 28, 2021) (Ex. CA-035); Health Care Worker Protections Order (July 26, 2021) (Ex. CA-031; Ex. ECO-B-084); Statewide Order of Mar. 23, 2020 (Ex. AGY-ST-COURTS-069). ↩
  32. Executive Order 2020-18 (Ex. AZ-010); Executive Order 2020-36 (Ex. AZ-019); Executive Order 2021-06 (Ex. AZ-037); Executive Order 2021-16 (Ex. AZ-044); Administrative Orders No. 2020-47 and 2020-48 (Ex. AZ-048; Ex. ECO-C-130; Ex. SEC-12-037); Administrative Order No. 2021-109 (Ex. AZ-059; Ex. SEC-12-084); Executive Order D 2020 013 (Ex. CO-010); Third Updated Public Health Order 20-24 (Ex. CO-016); First Amended Public Health Order 20-36 (Ex. CO-081); Public Health Order 20-38 (Ex. CO-051); Sixth Amended Public Health Order 20-38 (Ex. CO-091); Order Regarding COVID-19 and Operation of Colorado State Courts (Ex. CO-056). ↩
  33. Proclamation 20-25 and Appendix (Ex. WA-016, Ex. WA-017); Proclamation 20-25.8 (Ex. WA-047); Proclamations 20-25.12 and 20-25.13 (Ex. WA-056, Ex. WA-065); Proclamation 20-46 (Ex. WA-027; Ex. ECO-B-121); Proclamation 20-25.14 (Ex. WA-072); WAC 296-800-14035 (Ex. AGY-ST-LABOR-WORKPLACE-050) and readoptions of July 6, Aug. 23 and Sept. 20, 2021 (Ex. AGY-ST-LABOR-WORKPLACE-054, Ex. AGY-ST-LABOR-WORKPLACE-055, Ex. AGY-ST-LABOR-WORKPLACE-056); Proclamation 21-14 (Ex. WA-077; Ex. SEC-12-074); Order of the Secretary of Health 20-03.4 (Ex. WA-078); Proclamation 20-25.15 (Ex. WA-080); Supreme Court Orders No. 25700-B-602, 25700-B-658 and 25700-B-669 (Ex. WA-089, Ex. WA-094, Ex. WA-095; Ex. ECO-C-086, Ex. ECO-C-088). ↩
  34. Executive Order 20-12 (Ex. OR-007); Executive Order 20-25 (Ex. OR-017); Executive Order 20-27 (Ex. OR-020); Executive Orders 20-65 and 20-66 (Ex. OR-033, Ex. OR-035); Executive Order 21-15 (Ex. OR-043); Oregon OSHA Administrative Orders 3-2020 and 2-2021 (Ex. OR-032, Ex. OR-041; Ex. SEC-12-065, Ex. SEC-12-066); OAR 333-019-1025 (Ex. OR-048); Administrative Order 10-2021 (Ex. OR-049; Ex. SEC-12-081); Chief Justice Order 21-039 (Ex. OR-054); ODOT/DMV bulletin (Ex. OR-057); Public Health Emergency Orders of Mar. 23, 2020, June 2, 2021, June 30, 2021 and Aug. 17, 2021 (Ex. NM-006, Ex. NM-057, Ex. NM-060, Ex. NM-067); Executive Order 2021-046 (Ex. NM-063); Supreme Court Orders No. 20-8500-002, 20-8500-017 and 21-8500-021 (Ex. NM-004, Ex. NM-017, Ex. NM-066). ↩
  35. Directives 010, 004, 035, 044, 047 and 048 (Ex. NV-012, Ex. NV-006, Ex. NV-030, Ex. NV-038, Ex. NV-041, Ex. NV-042); Nevada OSHA enforcement notice for Directives 047 and 048 (July 30, 2021) (Ex. NV-060); Stay Safe, Stay Home directive (Ex. UT-004); H.B. 294 (Ex. UT-040); State Public Health Order 2021-11 (Ex. UT-043); Administrative Orders of Mar. 13, 2020, July 28, 2021 and Sept. 17, 2021 (Ex. UT-047, Ex. UT-051, Ex. UT-053); Third and Second Supplementary Proclamations (Ex. HI-004, Ex. HI-003; Ex. ECO-C-010); Emergency Proclamation of Aug. 5, 2021 (Ex. HI-024); Executive Order No. 21-07 (Ex. HI-027); Fifth Amended Order Regarding Entering Judiciary Facilities (Ex. HI-066); Order Postponing Jury Trials (Ex. HI-068). ↩
  36. Order to Self-Isolate (Ex. ID-003); Stage 3 Stay Healthy Guidelines (Ex. ID-012); Stage 4 Stay Healthy Guidelines (May 11, 2021) (Ex. ID-013); Administrative Order No. 21-08-06-01 (Ex. ID-084); Stay at Home Directive (Ex. MT-009); Phase One and Phase Two Directives (Ex. MT-013, Ex. MT-014); Directives of Nov. 17, 2020, Jan. 13 and Feb. 12, 2021 (Ex. MT-018, Ex. MT-020, Ex. MT-021); Executive Order No. 10-2021 (June 30, 2021) (Ex. MT-022); Temporary Emergency Rule I, MAR Notice No. 37-960 (Ex. MT-042); Memorandum of the Chief Justice (Ex. MT-061); House Bill 702 (Ex. MT-072); Statewide Public Health Orders #1 and #2 (Ex. WY-004, Ex. WY-005); Statewide Public Health Order #4 (Ex. WY-040); Twenty-third Continuations (Ex. WY-050, Ex. WY-051); Twenty-fourth, Twenty-sixth and Twenty-seventh Continuations (school, child-care and event rules to May 31, 2021) (Ex. WY-053, Ex. WY-054, Ex. WY-056, Ex. WY-057, Ex. WY-058); Wyoming Supreme Court release of Mar. 18, 2020 (Ex. WY-003); Order Terminating COVID-19 Temporary and Emergency Orders (Ex. WY-062); House Enrolled Act No. 93 (Ex. WY-055); COVID-19 Health Mandates 011 and 010 (Ex. AK-013, Ex. AK-012); Alaska Essential Services and Critical Workforce Infrastructure Order (Ex. AK-021); COVID-19 Public Health Emergency (Ex. AK-030); Special Order of the Chief Justice No. 8310 (Ex. AK-059). ↩
  37. Ex. CA-020, Ex. CO-081, Ex. IL-031, Ex. IA-029, Ex. KY-033, Ex. MA-040, Ex. MI-054, Ex. MN-032, Ex. NV-030, Ex. NM-006, Ex. OR-033, Ex. PA-022, Ex. RI-029, Ex. TX-025, Ex. TX-026, Ex. VT-034, Ex. WA-047, Ex. DC-015 (re-tightening); Ex. IA-035, Ex. TX-029, Ex. WY-050, Ex. AZ-037, Ex. PA-033, Ex. AL-045, Ex. MN-037, Ex. CO-051, Ex. AGY-ST-LABOR-WORKPLACE-062, Ex. CT-046, Ex. NY-054, Ex. MA-048, Ex. NV-038, Ex. RI-040, Ex. LA-032, Ex. KY-049, Ex. NJ-051, Ex. CA-029, Ex. OR-043, Ex. WA-072, Ex. ME-060, Ex. NM-060 (transition). ↩
  38. Executive Orders GA-34 and GA-38 (Ex. TX-029, Ex. TX-036); Executive Orders 20-244 and 21-102 (Ex. FL-047, Ex. FL-060); Executive Order 2021-06 (Ex. AZ-037); Executive Orders 04.02.20.01 and 08.19.21.03 (Ex. GA-010, Ex. GA-043); see the six-quarters section below. ↩
  39. Emergency Executive Orders No. 98, 102 and 103 (Ex. MET-NYC-001, Ex. MET-NYC-005, Ex. MET-NYC-006); No. 212 and 214 (Ex. MET-NYC-014, Ex. MET-NYC-015); No. 225 (Aug. 16, 2021) (Ex. MET-NYC-017); DOHMH Order of July 21, 2021 (Ex. MET-NYC-035); MTA release of Sept. 22, 2021 (Ex. MET-NYC-046); Nassau County Executive Order No. 95 (Ex. MET-NYC-056); Safer at Home Orders (Ex. MET-LA-003, Ex. MET-LA-004); Order of July 18, 2020 (Ex. MET-LA-009); Order of Dec. 30, 2020 (Ex. MET-LA-012); Orders of Mar. 19 and Apr. 14, 2021 (Ex. MET-LA-014, Ex. MET-LA-015); Order of July 16, 2021 (Ex. MET-LA-018); Implementation Order of Mar. 17, 2020 (Ex. MET-LA-058); General Orders of June 24 and July 29, 2021 (Ex. MET-LA-062, Ex. MET-LA-063); Public Health Order No. 2020-1 (Ex. MET-CHI-001); Public Health Order No. 2020-9 (Phase 5) (Ex. MET-CHI-018); Public Health Order No. 2021-1 (Ex. MET-CHI-026); Cook County Orders No. 2020-2 and 2021-10 (Ex. MET-CHI-034, Ex. MET-CHI-041); Chancery and County Division orders (Ex. MET-CHI-054, Ex. MET-CHI-057). ↩
  40. Stay Home Stay Safe (Ex. MET-DFW-005); Emergency Standing Order (Ex. MET-DFW-006); Supplemental Order on Reopened Services (Ex. MET-DFW-017); Fort Worth Sixth Amended Declaration (Ex. MET-DFW-061); Order Dissolving Collin County District Court COVID Emergency Orders (Ex. MET-DFW-072); Twelfth Amended Emergency Regulations (Ex. MET-DFW-037); City of Dallas FAQ (Ex. MET-DFW-038); Order on Required Use of a Face Mask (Aug. 11, 2021) (Ex. MET-DFW-028); Stay Home, Work Safe Order (Ex. MET-HOU-005); Revised Order: Court Operations (Ex. MET-HOU-048); Orders of the Harris County Local Administrative Judge (Ex. MET-HOU-052, Ex. MET-HOU-053); Closure of Fairfax County government buildings (Ex. MET-DCM-091); Montgomery County Board of Health Regulation (Ex. MET-DCM-023); Fairfax and Alexandria Circuit Court orders (Ex. MET-DCM-044, Ex. MET-DCM-052). ↩
  41. Emergency Order No. 1 (Ex. MET-PHL-002); Yellow Phase Order (Ex. MET-PHL-005); Fall/Winter Orders (Ex. MET-PHL-010, Ex. MET-PHL-011); Restated and Consolidated Emergency Order of 2021 (Ex. MET-PHL-012); Spring 2021 Safer at Home Order (Ex. MET-PHL-013); Full Reopening Order (Ex. MET-PHL-018); Amendment (Aug. 11, 2021) (Ex. MET-PHL-019); Emergency Regulation Mandating Vaccines (Ex. MET-PHL-021); Administrative Governing Board Order No. 25 of 2021 (Ex. MET-PHL-059); Montgomery County Offices Closed (Ex. MET-PHL-086); Executive Order 2020-21 (Ex. MET-ATL-001); DeKalb County Executive Order No. 20-001 (Ex. MET-ATL-022); Atlanta Judicial Circuit Local Order (Ex. MET-ATL-052); Executive Order of July 28, 2021 (Ex. MET-ATL-063); Amended Regulations Requiring Face Coverings in Maricopa County (Ex. MET-PHX-023); Tucson Proclamation (Ex. MET-PHX-017); Maricopa County Superior Court Administrative Orders No. 2021-057 and 2021-104 (Ex. MET-PHX-003, Ex. MET-PHX-014); Cambridge Second Amended Temporary Emergency Order (Ex. MET-BOS-021); Boston Public Health Commission Order (Aug. 20, 2021) (Ex. MET-BOS-013); City of Boston vaccination verification policy (Ex. MET-BOS-041); Worcester Executive Orders (Ex. MET-BOS-131). ↩
  42. Orders of the Health Officer Nos. C19-07, C19-07f and C19-07y (Ex. MET-SFO-001, Ex. MET-SFO-005, Ex. MET-SFO-010, Ex. MET-SFO-011); General Order Restricting Courthouse Entry (Ex. MET-SFO-061); Detroit Emergency Order (Ex. MET-DET-001); Wayne County Emergency Public Health Order (Ex. MET-DET-032); Local Administrative Order 2021-15 (Ex. MET-DET-012); King County Local Health Officer Order (Mar. 16, 2020) (Ex. MET-SEA-008); Mayoral Directive #9 (Ex. MET-SEA-018); Masking Orders (Ex. MET-SEA-002); Verification of Vaccination Order (Ex. MET-SEA-001); Emergency Regulations No. 2020-1 and 2020-12 (Ex. MET-MSP-002, Ex. MET-MSP-009); Resolution 2021R-177 (Ex. MET-MSP-018); Saint Paul Executive Order 2020-2 (Ex. MET-MSP-024). ↩
  43. San Diego County Orders of Mar. 12 and 16, 2020 (Ex. MET-SAN-002); Order of July 14, 2020 (Ex. MET-SAN-012); Quarantine Order as revised July 22, 2021 (Ex. MET-SAN-024); Judicial Council listing (Ex. MET-SAN-044); Stay at Home Public Health Order (Ex. MET-DEN-005); Level Red fact sheet (Ex. MET-DEN-027); Public Health Order requiring vaccination (Ex. MET-DEN-023); Chief Judge Order 2021-07 (Ex. MET-DEN-058); Health Commissioner's Order No. 5 (Ex. MET-STL-006); St. Louis County Safer At Home Order (Ex. MET-STL-074); Mayoral Proclamation (July 23, 2021) (Ex. MET-STL-020); Madison County COVID-19 Service Changes (Ex. MET-STL-085); Third Judicial Circuit Court Administrative Orders (Ex. MET-STL-086); Administrative Orders 20-01, 20-17 and 21-05 (Ex. MET-LAS-010, Ex. MET-LAS-014, Ex. MET-LAS-019); Reno Mayor's order (Ex. MET-LAS-023). ↩
  44. Stay at Home Directives (Ex. MET-MSY-003); Phase Two Guidelines (Ex. MET-MSY-007); Guidelines of July 31 and Aug. 13, 2021 (Ex. MET-MSY-027, Ex. MET-MSY-029); Executive Order LC 21-05 (Ex. MET-MSY-032); Coronavirus Closure Order No. 2 (Ex. MET-MSY-078); Emergency Orders No. 2020-02, 2021-09 and 2021-11 (Ex. MET-HNL-004, Ex. MET-HNL-032, Ex. MET-HNL-035); Fayette County Clerk's Office closed (Ex. MET-SDF-021). ↩
  45. Tex. Gov't Code § 22.0035(b) (Ex. LAW-332); the court orders cited State by State above and, for the third quarter of 2021, Ex. AGY-ST-COURTS-062, Ex. AGY-ST-COURTS-034, Ex. AGY-ST-COURTS-080, Ex. TX-040, Ex. MD-091, Ex. KY-058, Ex. KY-059, Ex. IA-056, Ex. ID-084, Ex. KS-074, Ex. UT-051, Ex. SC-054, Ex. SD-045, Ex. WI-029, Ex. MT-061, Ex. WY-003 (the Wyoming Supreme Court's release announcing its Order Adopting Temporary Plan to Address Health Risks Posed by the COVID-19 Pandemic (Mar. 18, 2020), terminated only by Ex. WY-062), Ex. AK-059, Ex. AGY-ST-COURTS-009, Ex. FL-069, Ex. GA-051, Ex. AZ-059, Ex. VA-041, Ex. VA-042, Ex. IL-067, Ex. IN-081, Ex. MN-053, Ex. MN-054, Ex. NM-066, Ex. OR-054, Ex. RI-084, Ex. VT-057, Ex. WA-094, Ex. WA-095, Ex. HI-066, Ex. DC-059 (twenty-nine States and the District). ↩
  46. Order Declaring a Judicial Emergency (Ex. AGY-ST-COURTS-021); Administrative Order No. 3 (Ex. AGY-ST-COURTS-024); Administrative Orders No. 5, 7, 10, 13, 21 and 22 (Ex. AGY-ST-COURTS-047, Ex. AGY-ST-COURTS-048, Ex. AGY-ST-COURTS-052, Ex. AGY-ST-COURTS-054, Ex. AGY-ST-COURTS-060, Ex. AGY-ST-COURTS-061); Administrative Order of Aug. 11, 2021 (Ex. AGY-ST-COURTS-062); Court of Common Pleas memorandum (Ex. AGY-ST-COURTS-042); Superior Court Administrative Order 2020-1 (Ex. AGY-ST-COURTS-030); General Administrative Orders No. 2020-01, 2020-02 and 2020-07 (Ex. AGY-ST-COURTS-037, Ex. AGY-ST-COURTS-032, Ex. AGY-ST-COURTS-033); No. 2020-07 as amended Apr. 22 and Oct. 15, 2021 (Ex. AGY-ST-COURTS-034, Ex. AGY-ST-COURTS-035); No. 2021-02 and 2021-05 (Ex. AGY-ST-COURTS-038, Ex. AGY-ST-COURTS-039); Statewide Order of Mar. 23, 2020 (Ex. AGY-ST-COURTS-069); Emergency Rules 1-13 (Ex. AGY-ST-COURTS-068); Emergency Orders for Los Angeles and San Diego (Ex. AGY-ST-COURTS-063, Ex. AGY-ST-COURTS-065); Seventh Updated Order (Ex. AGY-ST-COURTS-080); Order OE-144 (Ex. AGY-ST-COURTS-076); Court System Response to COVID-19 (Ex. MA-072); New York Workers' Compensation Board announcement of Oct. 4, 2021, reciting the Board's closure to the public since March 2020 (Ex. AGY-ST-COURTS-020) (post-period service announcement; context, not an order); WCAB Misc. Nos. 260, 261 and 266 (Ex. AGY-ST-COURTS-001, Ex. AGY-ST-COURTS-002, Ex. AGY-ST-COURTS-006); Nebraska Chief Justice's orders (Ex. AGY-ST-COURTS-007, Ex. AGY-ST-COURTS-009); Texas DWC Bulletins (Ex. AGY-ST-COURTS-043, Ex. AGY-ST-COURTS-045); New York Administrative Orders AO/78/20 and AO/85/20 (Ex. AGY-ST-COURTS-075, Ex. AGY-ST-COURTS-070). ↩
  47. The offices' closure notices, cited as the record of the counter closures (context, not orders): Ex. AGY-ST-DMV-SOS-RECORDERS-052, Ex. AGY-ST-DMV-SOS-RECORDERS-054, Ex. AGY-ST-DMV-SOS-RECORDERS-057, Ex. AGY-ST-DMV-SOS-RECORDERS-065, Ex. AGY-ST-DMV-SOS-RECORDERS-114, Ex. AGY-ST-DMV-SOS-RECORDERS-072, Ex. AGY-ST-DMV-SOS-RECORDERS-075, Ex. AGY-ST-DMV-SOS-RECORDERS-062, Ex. AGY-ST-DMV-SOS-RECORDERS-077, Ex. AGY-ST-DMV-SOS-RECORDERS-079, Ex. AGY-ST-DMV-SOS-RECORDERS-080, Ex. AGY-ST-DMV-SOS-RECORDERS-082, Ex. AGY-ST-DMV-SOS-RECORDERS-084, Ex. AGY-ST-DMV-SOS-RECORDERS-094; Ex. MET-PHL-086; Ex. MET-SDF-021. ↩
  48. Executive Order No. 202.7 (Ex. AGY-ST-DMV-SOS-RECORDERS-036; Ex. ECO-C-112; Ex. SEC-12-046); Executive Order 2020-14 (Ex. ECO-C-113; Ex. SEC-12-047); Executive Orders No. 7K and 7Q (Ex. SEC-12-052; Ex. ECO-C-111); Executive Order 03.31.20.01 (Ex. ECO-C-115; Ex. GA-057); P.L. 2020, c. 26 (Ex. AGY-ST-DMV-SOS-RECORDERS-038; Ex. ECO-C-114; Ex. SEC-12-050); Act 15 of 2020 (Ex. PA-076; Ex. ECO-C-117; Ex. SEC-12-048); Chapter 71 of the Acts of 2020 and Chapter 20 of the Acts of 2021 (Ex. AGY-ST-DMV-SOS-RECORDERS-039, Ex. AGY-ST-DMV-SOS-RECORDERS-040; Ex. ECO-C-116; Ex. SEC-12-049); Executive Order No. 2020-41 (Ex. AGY-ST-DMV-SOS-RECORDERS-041); Order No. 20-03-30-04 (Ex. AGY-ST-DMV-SOS-RECORDERS-042); Texas notary suspension (Ex. AGY-ST-DMV-SOS-RECORDERS-044); Executive Order No. 20-13 (Ex. AGY-ST-DMV-SOS-RECORDERS-046); Act 95 of 2020 (Ex. AGY-ST-DMV-SOS-RECORDERS-050); S.L. 2020-3 (Ex. AGY-ST-DMV-SOS-RECORDERS-043; Ex. SEC-12-054); Executive Order No. 1467 (Ex. AGY-ST-DMV-SOS-RECORDERS-113); Executive Order No. 26 (Ex. TN-010); Proclamation 20-27 (Ex. WA-019); P.L. 2020, c. 10 (Ex. AGY-ST-DMV-SOS-RECORDERS-087); Executive Order No. 2020-38 (Ex. AGY-ST-DMV-SOS-RECORDERS-088). ↩
  49. The offices' closure and appointment notices, cited as the record of the closures (context, not orders): Ex. AGY-ST-DMV-SOS-RECORDERS-002, Ex. AGY-ST-DMV-SOS-RECORDERS-003, Ex. AGY-ST-DMV-SOS-RECORDERS-005, Ex. AGY-ST-DMV-SOS-RECORDERS-006, Ex. AGY-ST-DMV-SOS-RECORDERS-007, Ex. AGY-ST-DMV-SOS-RECORDERS-018, Ex. AGY-ST-DMV-SOS-RECORDERS-015, Ex. AGY-ST-DMV-SOS-RECORDERS-019, Ex. AGY-ST-DMV-SOS-RECORDERS-027, Ex. AGY-ST-DMV-SOS-RECORDERS-026, Ex. AGY-ST-DMV-SOS-RECORDERS-076, Ex. AGY-ST-DMV-SOS-RECORDERS-086, Ex. AGY-ST-DMV-SOS-RECORDERS-097, Ex. AGY-ST-DMV-SOS-RECORDERS-099; Ex. NV-006; Ex. NJ-107; Ex. PA-102; Ex. RI-086; Ex. WA-011; Ex. VT-006; Ex. OR-057; Ex. DC-082; Texas Department of Motor Vehicles, notice that the temporary waiver of vehicle title and registration requirements of Mar. 16, 2020 ended Apr. 14, 2021 (Ex. TX-069) (notice; context). ↩
  50. Ex. AGY-ST-TRADE-BOARDS-019, Ex. AGY-ST-TRADE-BOARDS-038, Ex. AGY-ST-TRADE-BOARDS-074, Ex. AGY-ST-TRADE-BOARDS-039, Ex. AGY-ST-TRADE-BOARDS-040, Ex. AGY-ST-TRADE-BOARDS-041, Ex. AGY-ST-TRADE-BOARDS-061, Ex. AGY-ST-TRADE-BOARDS-060, Ex. AGY-ST-TRADE-BOARDS-071, Ex. AGY-ST-TRADE-BOARDS-059, Ex. AGY-ST-TRADE-BOARDS-075, Ex. AGY-ST-TRADE-BOARDS-020, Ex. AGY-ST-TRADE-BOARDS-018, Ex. AGY-ST-TRADE-BOARDS-063, Ex. AGY-ST-TRADE-BOARDS-062 (Ex. AGY-ST-TRADE-BOARDS-018, Ex. AGY-ST-TRADE-BOARDS-039 and Ex. AGY-ST-TRADE-BOARDS-059 are the NCBE's compilation, a board's examination bulletin and a court's release describing the examination orders; context, not orders). ↩
  51. The examination bodies' and vendors' announcements and chronologies (Ex. AGY-ST-TRADE-BOARDS-031, Ex. AGY-ST-TRADE-BOARDS-032, Ex. AGY-ST-TRADE-BOARDS-033, Ex. AGY-ST-TRADE-BOARDS-035 and Ex. AGY-ST-TRADE-BOARDS-070) are cited as the record of the closures and conversions they announce (context, not orders); the boards' waivers and orders are the instruments. Ex. AGY-ST-TRADE-BOARDS-033, Ex. AGY-ST-TRADE-BOARDS-034, Ex. AGY-ST-TRADE-BOARDS-035, Ex. AGY-ST-TRADE-BOARDS-036, Ex. AGY-ST-TRADE-BOARDS-032, Ex. AGY-ST-TRADE-BOARDS-031, Ex. AGY-ST-TRADE-BOARDS-070, Ex. AGY-ST-TRADE-BOARDS-006, Ex. AGY-ST-TRADE-BOARDS-022, Ex. AGY-ST-TRADE-BOARDS-023, Ex. AGY-ST-TRADE-BOARDS-045, Ex. AGY-ST-TRADE-BOARDS-048, Ex. AGY-ST-TRADE-BOARDS-049, Ex. AGY-ST-TRADE-BOARDS-050, Ex. AGY-ST-TRADE-BOARDS-051, Ex. AGY-ST-TRADE-BOARDS-052. ↩
  52. Ex. VA-036, Ex. VA-037, Ex. VA-038, Ex. AGY-ST-LABOR-WORKPLACE-001; Ex. CA-023, Ex. CA-024; Ex. OR-032, Ex. OR-041, Ex. OR-049, Ex. AGY-ST-LABOR-WORKPLACE-021; Ex. AGY-ST-LABOR-WORKPLACE-050, Ex. AGY-ST-LABOR-WORKPLACE-054, Ex. AGY-ST-LABOR-WORKPLACE-055, Ex. AGY-ST-LABOR-WORKPLACE-056; Ex. MI-054, Ex. AGY-ST-LABOR-WORKPLACE-062, Ex. AGY-ST-LABOR-WORKPLACE-063; Nevada OSHA enforcement notice for Directives 047 and 048 (July 30, 2021) (Ex. NV-060), Ex. AGY-ST-LABOR-WORKPLACE-032, Ex. AGY-ST-LABOR-WORKPLACE-036; New Mexico Environment Department, emergency amendment to 11.5.1.16 NMAC (Aug. 5, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-066), second emergency amendment (Dec. 3, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-069), made permanent Jan. 26, 2021 (Ex. AGY-ST-LABOR-WORKPLACE-027); Ex. AGY-ST-LABOR-WORKPLACE-003, Ex. AGY-ST-LABOR-WORKPLACE-005, Ex. AGY-ST-LABOR-WORKPLACE-004. ↩
  53. The interconnected-economy section below; Ex. ECO-B-016, Ex. ECO-B-017, Ex. FED-020, Ex. AGY-AVIATION-SURFACE-057, Ex. AGY-AVIATION-SURFACE-071, Ex. AGY-AVIATION-SURFACE-072, Ex. AGY-AVIATION-SURFACE-081, Ex. AGY-AVIATION-SURFACE-080 (the transit agencies' notices of the face-covering requirements in force, Ex. AGY-AVIATION-SURFACE-071, Ex. AGY-AVIATION-SURFACE-072 and Ex. AGY-AVIATION-SURFACE-080, are context; the requirements rest on the CDC order, Ex. FED-020, and the State orders); the industry analyses of this site (by category). ↩
  54. Ex. FED-232, Ex. FED-233, Ex. FED-234, Ex. FED-235, Ex. FED-255, Ex. FED-256, Ex. FED-257, Ex. FED-258, Ex. FED-200, Ex. FED-207, Ex. FED-208, Ex. FED-209, Ex. FED-034, Ex. FED-038, Ex. FED-042, Ex. FED-170, Ex. ECO-C-001, Ex. NY-006, Ex. ECO-C-006, Ex. ECO-C-010, Ex. AGY-AVIATION-SURFACE-028, Ex. AGY-AVIATION-SURFACE-033, Ex. AGY-AVIATION-SURFACE-035, Ex. ECO-B-083, Ex. ECO-B-085, Ex. NY-071, Ex. AGY-FED-LABOR-IMMIGRATION-012, Ex. AGY-FED-LABOR-IMMIGRATION-013. ↩
  55. The foreign instruments are treated by category as facts and circumstances and are not exhibits of the Library. ↩
  56. CARES Act § 2301(c)(2)(A)(ii)(I) (Ex. LAW-001); I.R.C. § 3134(c)(2)(A)(ii)(I) (Ex. LAW-006); the statute page of this site (the source and addressee of the order are irrelevant; "appropriate governmental authority"). The fifty-one-jurisdiction table (control statute and penalty; order-violation offense; workplace-safety duty and COVID-19 workplace rule; liability shield and its condition; operating-condition clause and verb, each with exhibit identifiers) is the standing-duties page of this site; the records are the Duties layer of the Library. ↩
  57. Executive Order GA-28 ¶ 1 (effective June 26, 2020) (Ex. TX-021); Executive Order GA-29 (effective July 3, 2020) (Ex. TX-022) (the same order carries the six-foot distancing condition and the warning-then-fine enforcement clause); Tex. Gov't Code § 418.173 (Ex. DUT-TX-012); Governor of Arizona, Executive Order 2020-36 ¶ 5 (effective May 16, 2020) (Ex. AZ-019); Executive Order 2020-40 ¶ 3 (effective June 18, 2020) (Ex. AZ-020); California State Public Health Officer, Order of May 7, 2020 ¶¶ 2-3 (Ex. CA-015); Governor of New York, Executive Order No. 202.6 (Mar. 18, 2020) (Ex. NY-003); Executive Order No. 202.31 (New York Forward, Phase One) (Ex. NY-022); New York State Department of Health, Interim Guidance for Office-Based Work During the COVID-19 Public Health Emergency (Ex. NY-131); Governor of Nevada, Declaration of Emergency Directive 018 § 9 (May 7, 2020) (Ex. NV-016); Governor of Georgia, Executive Order 04.20.20.01 (Apr. 20, 2020) (Ex. GA-017); Executive Order 08.19.21.03 (Aug. 19, 2021) (Ex. GA-043); Governor of Massachusetts, COVID-19 Order No. 33 §§ 1-2 (May 18, 2020) (Ex. MA-017); Governor of Florida, Executive Order 20-91 § 1.B (effective Apr. 3, 2020) (Ex. FL-010); Fla. Stat. § 252.50 (Ex. DUT-FL-008). Conversion clauses: Executive Order GA-34 (effective Mar. 10, 2021) (Ex. TX-029); Executive Order 2021-06 (Mar. 25, 2021) (Ex. AZ-037); State Public Health Officer, Order of June 11, 2021 (Ex. CA-029). ↩
  58. Control statutes and offenses: Tex. Health & Safety Code § 81.002 (Ex. DUT-TX-001); §§ 81.081, 81.082 (Ex. DUT-TX-002); § 81.085(h) (Ex. DUT-TX-005); § 81.087 (Ex. DUT-TX-006); Tex. Gov't Code § 418.173 (Ex. DUT-TX-012); Cal. Health & Safety Code §§ 120175, 120195 (Ex. DUT-CA-002); §§ 120275-120300 (Ex. DUT-CA-003); Cal. Gov't Code § 8665 (Ex. DUT-CA-007); A.R.S. § 36-630 (Ex. DUT-AZ-004); A.R.S. § 26-317 (Ex. DUT-AZ-007); Fla. Stat. § 381.00315 (Ex. DUT-FL-001); Fla. Stat. § 252.50 (Ex. DUT-FL-008); N.Y. Pub. Health Law § 12 (Ex. DUT-NY-001); § 12-b (Ex. DUT-NY-002); NAC 441A.280 (Ex. DUT-NV-008); NRS 199.280 (Ex. DUT-NV-011); O.C.G.A. §§ 31-5-8, 31-5-9 (Ex. DUT-GA-004); O.C.G.A. §§ 38-3-7, 38-3-4 (Ex. DUT-GA-006); St. 1950, c. 639, § 8 (Ex. DUT-MA-012). Workplace duties: 29 U.S.C. § 654(a)(1)-(2) (Ex. DUT-FED-001); OSHA 3990, Guidance on Preparing Workplaces for COVID-19 (Mar. 2020) (FED-088); the Department of Labor's releases on the general-duty citations of Sept. 10 and 11, 2020 (Ex. AGY-FED-LABOR-IMMIGRATION-031; Ex. LAW-487; Ex. AGY-FED-LABOR-IMMIGRATION-095); OSHA news release of Jan. 8, 2021 (citations from 300 inspections and proposed penalties of $3,930,381 through Dec. 31, 2020) (Ex. DUT-FED-067); Decision and Order, OSHRC Docket No. 21-0432 (ALJ June 6, 2022) (Ex. DUT-FED-073) (citation of Apr. 8, 2021 for a willful violation of section 5(a)(1) affirmed; penalty of $95,500 assessed); Tex. Lab. Code § 411.103 (Ex. DUT-TX-013); Cal. Lab. Code §§ 6400-6407 (Ex. DUT-CA-009); Cal. Code Regs. tit. 8, § 3203 (Ex. DUT-CA-011); A.R.S. § 23-403 (Ex. DUT-AZ-008); N.Y. Lab. Law § 200 (Ex. DUT-NY-013); N.Y. Lab. Law § 218-b (Ex. DUT-NY-014); NRS 618.375 (Ex. DUT-NV-004); O.C.G.A. § 34-2-10 (Ex. DUT-GA-009); Mass. Gen. Laws c. 149, § 6 (Ex. DUT-MA-013); c. 149, § 113 (Ex. DUT-MA-014); 29 U.S.C. § 654(a) as the duty binding Florida employers (Ex. DUT-FL-015). COVID-19 workplace rules: Cal. Code Regs. tit. 8, §§ 3205-3205.4 (Ex. CA-023; Ex. CA-024); New York's HERO Act plans (Ex. NY-136); COVID-19 Order No. 33 § 2 (Ex. MA-017); Nevada OSHA, Enforcement Process during COVID-19 Pandemic (Ex. AGY-ST-LABOR-WORKPLACE-032). ↩
  59. S.B. 6, 87th Leg., R.S., ch. 528, §§ 3, 5 (June 14, 2021) (Ex. DUT-TX-014); Tex. Civ. Prac. & Rem. Code § 148.003(a)(1)(B) (Ex. DUT-TX-015); Laws 2021, ch. 179 (S.B. 1377), §§ 1-2, A.R.S. §§ 12-515, 12-516 (Ex. DUT-AZ-010); Ch. 2021-1, § 1, Laws of Fla., Fla. Stat. § 768.38 (Mar. 29, 2021) (Ex. DUT-FL-012); Senate Bill No. 4 (2020), 32nd Special Session, §§ 24-29 (Ex. NV-054); Ga. L. 2020, p. 798 (S.B. 359), O.C.G.A. §§ 51-16-1 to 51-16-5 (Aug. 5, 2020) (Ex. DUT-GA-012), extended by H.B. 112 (2021) (Ex. DUT-GA-013); N.Y. Pub. Health Law § 3082 (Ex. DUT-NY-016), article 30-D repealed Apr. 6, 2021 (Ex. DUT-NY-018); St. 2020, c. 64 (Ex. DUT-MA-017); Cal. Evid. Code § 669 (Ex. DUT-CA-013); A.B. 1035 (2020) (not enacted; cited as legislative history only) (Ex. DUT-CA-017). ↩
  60. Office of the Governor, Open Texas, Minimum Standard Health Protocols: Checklist for All Employers ("the following are the minimum recommended health protocols for all businesses choosing to operate in Texas") (Ex. DUT-TX-020); Executive Order GA-21 ("should use good-faith efforts and available resources to follow the minimum standard health protocols recommended by DSHS") (Ex. TX-014); the incorporating instruments: Executive Orders GA-28 and GA-32 (Ex. TX-021; Ex. TX-025), Tex. Civ. Prac. & Rem. Code § 148.003(a)(1)(B) ("government-promulgated standards, guidance, or protocols") (Ex. DUT-TX-015) and 29 U.S.C. § 654(a)(1) (Ex. DUT-FED-001); Tri-State Memorial Hospital v. United States, No. 2:25-cv-0181-TOR, ECF No. 38, at 20-21 (E.D. Wash. May 28, 2026) ("Tri-State") (the Proclamation "provided the guidance and procedures that the businesses were required to adhere to and follow to be compliant with the order"). ↩