Function by function
Each of the eleven functions of a typical employer in this industry was reached by orders in each of the six quarters, and for each the compelled modification is stated in the orders' own terms: closure, cap, remote-only operation, distancing, face coverings and the other infection-prevention and exposure-control requirements, screening, appointment-only or pick-up service, visitor bans, quarantine of staff. For each function this section states the instruments by quarter, the modification each compelled, and the determination in the statute's words. The exhibit identifiers are those cited in the layers and quarters sections above, where each instrument appears with its issuer, dates and operative clause.
WS: worship services and gathering caps
The instruments by quarter
2020 Q2: the gathering bans and stay-at-home orders of every State (Ex. SEC-16-048, Ex. SEC-16-020, Ex. SEC-16-060, Ex. SEC-16-109, Ex. SEC-16-111, Ex. SEC-16-100, Ex. SEC-16-080, Ex. SEC-16-062, Ex. SEC-16-011, Ex. SEC-16-014, Ex. SEC-16-085, Ex. SEC-16-104, Ex. SEC-16-054, Ex. SEC-16-056, Ex. SEC-16-078, Ex. NV-014, Ex. WY-005), the county orders confining worship to "video and teleconference" (Ex. MET-DFW-005, Ex. MET-DFW-077, Ex. MET-HOU-005, Ex. MET-HOU-074), and the reopening caps of May and June 2020 (Ex. SEC-16-018, Ex. SEC-16-021, Ex. SEC-16-072, Ex. SEC-16-015, Ex. SEC-16-106, Ex. NV-017, Ex. KY-067, Ex. DE-022, Ex. MD-010, Ex. DC-079, Ex. SEC-16-002, Ex. SEC-16-076). 2020 Q3: the caps held and cut (Ex. SEC-16-042, Ex. NJ-031, Ex. SEC-16-022, Ex. SEC-16-018, Ex. SEC-16-072, Ex. NV-017, Ex. CA-010, Ex. SEC-16-093, Ex. MET-LA-009, Ex. MET-SAN-012), the statewide face-covering orders (the quarters section), Jefferson Parish's face-covering order naming "places of worship" (Ex. MET-MSY-054). 2020 Q4: the cluster and winter caps (Ex. SEC-16-073, Ex. SEC-16-102, Ex. CT-031, Ex. SEC-16-044, Ex. MA-040, Ex. RI-026, Ex. RI-027, Ex. RI-028, Ex. RI-029, Ex. RI-032, Ex. ME-042, Ex. PA-022, Ex. DE-033, Ex. MD-021, Ex. DC-013, Ex. DC-014, Ex. VA-016, Ex. KY-033, Ex. MI-059, Ex. MET-DET-001, Ex. MN-032, Ex. IL-031, Ex. MET-CHI-027, Ex. WI-012, Ex. CA-020, Ex. MET-LA-012, Ex. MET-SFO-039, Ex. WA-047, Ex. OR-033, Ex. OR-035, Ex. NV-030, Ex. NM-047, Ex. CO-081, Ex. MET-DEN-027, Ex. LA-023, Ex. MET-HNL-021). 2021 Q1: the winter caps as amended (Ex. SEC-16-073, Ex. SEC-16-103, Ex. NJ-042, Ex. SEC-16-046, Ex. MA-040, Ex. MA-043, Ex. RI-035, Ex. ME-051, Ex. ME-053, Ex. PA-031, Ex. DE-059, Ex. DC-014, Ex. KY-067, Ex. MI-063, Ex. MN-032, Ex. IL-031, Ex. SEC-16-093, Ex. SEC-16-004, Ex. SEC-16-040, Ex. WA-064, Ex. OR-035, Ex. NV-032, Ex. NM-047). 2021 Q2: the caps to their end dates (Ex. SEC-16-093, Ex. CA-027, Ex. CA-029, Ex. DE-037, Ex. DE-038, Ex. DC-073, Ex. KY-049, Ex. MA-048, Ex. MI-076, Ex. MN-038, Ex. NV-038, Ex. NV-074, Ex. NJ-050, Ex. NY-057, Ex. OR-043, Ex. RI-040, Ex. WA-065, Ex. WA-070, Ex. WA-072 (the July 1, 2021 successor, by recital), Ex. SEC-16-005, Ex. MET-HNL-032 (by recital of Tiers 3 and 4)). 2021 Q3: the indoor face-covering reinstatements and Hawaii's caps (Ex. SEC-16-115, Ex. IL-042, Ex. LA-036, Ex. NV-041, Ex. NM-067, Ex. OR-048, Ex. WA-078, Ex. HI-024, Ex. HI-025, Ex. DC-057, Ex. SEC-16-119, Ex. MET-LA-018, Ex. MET-SFO-071, Ex. MET-SAC-015, Ex. MET-STL-021, Ex. MET-KC-045, Ex. MET-ATL-063, Ex. MET-ATL-017, Ex. MET-CLT-001, Ex. MET-MSY-027, Ex. MET-MSY-063, Ex. MET-PHL-019, Ex. MET-CHI-026, Ex. MET-CHI-041, Ex. MET-BOS-013, Ex. MET-BOS-036, Ex. MET-HNL-033, Ex. MET-HNL-037, Ex. MET-DEN-033, Ex. MET-SEA-002, Ex. MET-DCM-023).
The modification compelled
Cancellation or remote-only operation (March to May 2020); fixed-number caps of ten, twenty-five, fifty, one hundred or one hundred fifty and percentage caps of 25, 33, 40 and 50 percent (May 2020 to June 2021); six feet between households and twelve feet where singing; prohibitions on singing and choirs (New York's guidance; California's Blueprint; New Orleans Phase 3.1); face coverings on every attendee, one of the infection-prevention and exposure-control requirements imposed with the distancing and capacity conditions (2020 through June 2021 in most States; the third quarter of 2021 in seven States and the District of Columbia and the metros named); an indoor prohibition in California's monitored counties and Tier 1 counties (July 2020 to February 2021); a prohibition on every cross-household gathering in the Regional Stay at Home counties (December 6, 2020 to January 25, 2021).204
The operation of worship services was partially suspended in the second, third and fourth quarters of 2020 and the first, second and third quarters of 2021 because of the gathering-ban, stay-at-home, reopening-cap, cluster, winter and face-covering orders cited above.
RE: religious education, youth programs, parochial schools and child care
The instruments by quarter
2020 Q2: the school-closure orders of every State (Ex. MET-NYC-049, Ex. MET-NYC-054, Ex. MET-NYC-058), the child-care orders confining centers to essential workers' children (the City of Los Angeles Safer at Home order of March 19, 2020, Ex. MET-LA-028, confining child care to the children of essential workers in stable groups of twelve; Ex. MET-SAN-003; Ex. MET-NYC-038, the Board of Health's reopening order of July 13, 2020, reciting the closure of April 3 to July 12, 2020), the gathering bans as applied to classes and youth groups. 2020 Q3: the school orders of Los Angeles County (Ex. MET-LA-009), Dallas, Tarrant and Harris Counties (Ex. MET-DFW-026, Ex. MET-DFW-049, Ex. MET-HOU-040), Dane County (Ex. SEC-16-030), Montgomery County (Ex. MET-DCM-005), the districts' announcements of remote openings (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-013, Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-050; the districts' announcements, cited as context for the board actions they describe and not as orders). 2020 Q4: Kentucky's Executive Order 2020-969 (Ex. SEC-16-041), New York's cluster-zone school closures (Ex. SEC-16-073, Ex. MET-NYC-039), New York City's non-public-school order (Ex. MET-NYC-044), Toledo-Lucas County's school-closure order, as recited in Monclova Christian Academy v. Toledo-Lucas County Health Department (Ex. SEC-16-033), Detroit's school rules (Ex. MET-DET-001), Somerville's testing precondition (Ex. MET-BOS-059). 2021 Q1: the same orders to their ends and the hybrid-reopening conditions. 2021 Q2: the school quarantine and face-covering rules to the end of the year (Ex. MET-NYC-044 to May 10) and King County's Local Health Officer Indoor Masking Directive (May 20, 2021) (Ex. MET-SEA-003), a general indoor directive reaching every classroom and program space open to the public, the child-care cohort rules. 2021 Q3: the school and child-care face-covering and staff-vaccination orders of thirteen States, Massachusetts's public-school requirement and the metros (Ex. SEC-16-117, Ex. SEC-16-118 (Executive Order 253, issued August 23, 2021, whose vaccination-or-testing deadline fell on October 18, 2021; cited for its issuance and its immediate policy and mask-exemption documentation commands, Ex. NJ-057, ¶ 9), Ex. NJ-058, Ex. SEC-16-119, Ex. CT-054, Ex. SEC-16-043, Ex. KY-053, Ex. KY-054, Ex. IL-040, Ex. DE-044, Ex. PA-042, Ex. NY-073, Ex. OR-045, Ex. OR-052, Ex. WA-075, Ex. WA-079, Ex. CA-034, Ex. CA-033, Ex. LA-036, Ex. VA-044, Ex. RI-055, Ex. MA-071, Ex. MET-DFW-028, Ex. MET-HOU-038, Ex. MET-KC-067, Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-047, Ex. MET-NYC-040, Ex. MET-NYC-043, Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-008, Ex. MET-DET-013, Ex. MET-DET-015, Ex. MET-DEN-024, Ex. MET-DEN-082, Ex. MET-DEN-102, Ex. MET-DEN-032, Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-031, Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-052, Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-017 (the last as context), Ex. MET-SLC-030, Ex. MET-SLC-034, Ex. MET-MSY-080, Ex. AGY-TRIBAL-021).
The modification compelled
Closure of every classroom to in-person instruction (March to June 2020 and, in the jurisdictions named, in the fall and winter of 2020-21); remote and hybrid instruction under order; child care confined to essential workers' children in stable groups of ten; cohort, ratio and distancing rules; face coverings on every student, teacher and visitor "regardless of vaccination status," with the quarantine and exclusion rules that accompanied them (the third quarter of 2021); quarantine of exposed students and staff for ten to fourteen days; vaccination or weekly testing of every staff member (New Jersey, Connecticut, Washington, Oregon, California, New York City).205
The operation of religious education, youth programs, parochial schools and child care was partially suspended in each of the six quarters because of the school-closure, child-care, quarantine, face-covering and staff-vaccination orders cited above.
EV: events, fundraising and galas
The instruments by quarter
2020 Q2: the gathering bans naming "conventions" and "fundraisers" (Ex. SEC-16-060, Ex. SEC-16-020), every State's ban (the layers section), the metros' cancellation of every permitted event (Ex. MET-NYC-002, Ex. MET-NYC-005, Ex. MET-NYC-006, Ex. MET-MSP-023, Ex. MET-BOS-023, Ex. MET-DEN-001). 2020 Q3: the gathering caps of every State, New York City's permit moratorium (Ex. MET-NYC-025), Massachusetts's twenty-five (Ex. MA-026), Kentucky's ten (Ex. SEC-16-042). 2020 Q4: the winter caps and indoor-event prohibitions (Ex. MET-CHI-027, Ex. MET-BOS-010, Ex. SEC-16-044, Ex. MA-040, Ex. RI-029, Ex. PA-022, Ex. MET-PHL-010, Ex. CA-020, Ex. WA-047, Ex. OR-033, Ex. MET-DEN-027, Ex. MET-HNL-021). 2021 Q1: the same as amended (Ex. NJ-042, Ex. SEC-16-046, Ex. MA-043, Ex. PA-031, Ex. MET-PHL-063, Ex. MET-BOS-036 by recital). 2021 Q2: the caps to their end dates and the venue rules (Ex. CT-099, Ex. CT-100, Ex. CT-046 (Connecticut's event caps to May 20, 2021), Ex. MET-BOS-018, Ex. MET-DEN-030, Ex. MET-DEN-079, Ex. MET-HNL-032 (by recital of Tiers 3 and 4), Ex. MET-MSY-007). 2021 Q3: the face-covering orders, Hawaii's caps and event closures (Ex. HI-025, Ex. MET-HNL-033, Ex. MET-HNL-037), the vaccination-proof orders for venues (Ex. MET-MSY-029, Ex. MET-SFO-011), Savannah's Emergency Order 29 (Ex. MET-ATL-017), the entry proclamations (Ex. FED-207, Ex. FED-208), Puerto Rico's and Guam's orders (Ex. AGY-TERRITORIES-036, Ex. AGY-TERRITORIES-110).
The modification compelled
Cancellation of every event above the cap (250, 100, 50, 25, 10, or any number); indoor-event prohibitions in the winter of 2020-21; capacity percentages on venues; distancing and face coverings for every attendee as infection-prevention conditions of assembly; proof of vaccination or a negative test at the door (New Orleans from August 16, 2021; San Francisco from August 20, 2021); revocation of every event permit (New York City from July 7, 2020; Savannah through September 30, 2021); suspension of every international delegate's entry.206
The operation of events, fundraising and galas was partially suspended in each of the six quarters because of the gathering-cap, venue, permit, face-covering, vaccination-proof and entry orders cited above.
FS: food, shelter and social services
The instruments by quarter
2020 Q2: the stay-at-home orders' charitable-services provisions and take-away rules (Ex. SEC-16-011, Ex. SEC-16-062, Ex. SEC-16-080, Ex. SEC-16-105), the retail closures reaching thrift stores (the layers section), the Defense Production Act and scarce-materials orders (Ex. FED-070, Ex. FED-071, Ex. FED-074, Ex. FED-075), the USDA's nationwide child-nutrition waivers under section 2202 of the Families First Act (described in the Food and Nutrition Service's notice of Aug. 27, 2020, Ex. AGY-FED-HEALTH-OTHER-100, cited as context for the waiver regime), the eviction moratoria of the States and metros (Ex. MET-LA-031, Ex. MET-SEA-006, Ex. MET-SEA-007, Ex. MET-BOS-051, Ex. MET-BOS-037). 2020 Q3: the protocol and distancing orders on every open premises, the CDC's eviction moratorium of September 4, 2020 (Ex. FED-022), the congregate-setting rules. 2020 Q4: the winter closures of indoor dining as applied to kitchens, the congregate rules, the moratoria. 2021 Q1 and Q2: the same to their end dates; the CDC moratorium as extended (Ex. FED-023, Ex. FED-024, Ex. FED-025); the OSHA Healthcare ETS from June 21, 2021 (Ex. FED-080). 2021 Q3: the federal and State eviction moratoria (Ex. FED-025, Ex. FED-026, Ex. FED-354, Ex. FED-355, Ex. FED-364, Ex. FED-378, Ex. FED-379, Ex. ECO-C-101, Ex. ECO-C-084, Ex. ECO-C-081, Ex. ECO-C-091, Ex. NY-133, Ex. MET-BOS-040), the congregate-setting face-covering and vaccination orders (Ex. NJ-056, Ex. CT-054, Ex. CA-036, Ex. DC-057, Ex. MET-NYC-036), the OSHA ETS, the face-covering orders of the seven States and the District of Columbia and of the metros, the USDA waivers (Ex. AGY-FED-HEALTH-OTHER-101).207
The modification compelled
Congregate meals converted to pick-up and take-away; pantries converted to drive-through and pre-packed distribution; thrift stores closed and then capped; shelters and day programs under occupancy, cohort and distancing rules; group counseling and recovery meetings capped at ten (Colorado) or prohibited; housing programs under eviction moratoria and certification rules; PPE and sanitizer under federal allocation; every premises under face-covering orders, the airborne-transmission controls that reached every open pantry, kitchen and shelter.208
The operation of food, shelter and social services was partially suspended in each of the six quarters because of the stay-at-home, closure, protocol, congregate-setting, eviction-moratorium, allocation and face-covering orders cited above.
CR: counseling and visitation
The instruments by quarter
2020 Q2: CMS's visitation restriction (Ex. FED-097), the State nursing-home orders (Ex. SEC-16-085, ¶ 21; Ex. SEC-16-056, ¶ e; Ex. MET-DFW-009, Ex. MET-DFW-020), the Bureau of Prisons' suspension (Ex. SEC-16-095; Ex. AGY-FED-HEALTH-OTHER-072), every State corrections department's suspension (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-026, Ex. AGY-ST-CORRECTIONS-EMA-GUARD-013, Ex. AGY-ST-CORRECTIONS-EMA-GUARD-066, Ex. AGY-ST-CORRECTIONS-EMA-GUARD-007; the departments' announcements, Ex. AGY-ST-CORRECTIONS-EMA-GUARD-072, Ex. AGY-ST-CORRECTIONS-EMA-GUARD-021, Ex. AGY-ST-CORRECTIONS-EMA-GUARD-018 and Ex. AGY-ST-CORRECTIONS-EMA-GUARD-023, as context), the VA's announced no-visitor stance (Ex. AGY-FED-HEALTH-OTHER-064, the Department's announcement, as context), Minneapolis's congregate-facility order (Ex. MET-MSP-008). 2020 Q3 and Q4: the same, with CMS's testing rule and visitation memorandum (Ex. FED-092, Ex. FED-168, Ex. FED-156 by recital), the Bureau of Prisons' non-contact protocols from October 3, 2020 (Ex. AGY-FED-HEALTH-OTHER-078), the New Jersey department's announced chaplaincy conditions (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-019, as context), Dallas County's long-term-care order (Ex. MET-DFW-025). 2021 Q1 and Q2: the same; CMS's revision of April 27, 2021 (Ex. FED-156); the LTC vaccine-reporting rule (Ex. FED-094); the OSHA ETS (Ex. FED-080). 2021 Q3: the CMS conditions, the OSHA ETS, the VA mandates (Ex. AGY-FED-HEALTH-OTHER-069, Ex. AGY-FED-HEALTH-OTHER-070), the health-care-worker orders (Ex. CA-030, Ex. CA-031, Ex. NY-071, Ex. NJ-056, Ex. WA-077, Ex. OR-046, Ex. ME-061, Ex. RI-072, Ex. CO-055, Ex. SEC-04-059, Ex. DC-075, Ex. MD-057, Ex. MD-059, Ex. MD-061, Ex. SEC-16-115, Ex. MET-PHL-021, Ex. MET-LA-023, Ex. MET-DEN-023, Ex. DE-061 to Ex. DE-063), the corrections conditions (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-009, Ex. AGY-ST-CORRECTIONS-EMA-GUARD-067; New Jersey's announced conditions, Ex. AGY-ST-CORRECTIONS-EMA-GUARD-020, as context).
The modification compelled
Every visit to a hospital, nursing home, hospice, jail or prison barred except for compassionate care (March 2020 through at least the summer of 2020); visits thereafter only by screening, appointment, testing and, in outbreaks, not at all; prison ministries barred from every institution, resumed only under non-contact protocols and, in 2021, vaccination or testing conditions; chaplains subject to the facilities' workforce mandates.209
The operation of counseling and visitation was partially suspended in each of the six quarters because of the visitation, corrections, health-care and vaccination orders cited above.
FC: facilities rental
The instruments by quarter
Every gathering cap, venue closure and indoor-event prohibition cited under WS and EV applied to every rental of a sanctuary, hall or classroom, and every face-covering order, with the companion exposure-control conditions it carried, applied to every rental event; the third quarter of 2021 added the vaccination-proof conditions on event spaces in New Orleans and San Francisco (Ex. MET-MSY-029, Ex. MET-SFO-011), Hawaii's caps (Ex. HI-025) and Savannah's cap and permit revocation (Ex. MET-ATL-017).
The modification compelled
Cancellation of every rental above the cap; capacity percentages on every hall; distancing and face coverings for every attendee as infection-prevention conditions of assembly; proof of vaccination or a negative test at the door in the jurisdictions named.
The operation of facilities rental was partially suspended in each of the six quarters because of the gathering-cap, venue, face-covering and vaccination-proof orders cited above.
VL: the volunteer workforce
The instruments by quarter
2020 Q2 through Q4: the stay-at-home orders (the layers section), the gathering caps, the visitation and corrections suspensions, the transit agencies' rules (Ex. MET-NYC-046, Ex. MET-LA-070, Ex. MET-CHI-050, Ex. MET-SEA-022, Ex. MET-MSP-061, Ex. MET-STL-041, Ex. MET-DEN-046, Ex. MET-ATL-055, Ex. MET-MSY-066, Ex. MET-PHX-042). 2021 Q1 through Q3: the CDC conveyance order and TSA directives (Ex. FED-020, Ex. FED-050, Ex. FED-051, Ex. FED-052), the visitation conditions (Ex. FED-156), the school volunteers' face-covering and exposure-control requirements (subpart B-7 of the third quarter of 2021), the corrections conditions (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-009), the VA volunteer mandate (Ex. AGY-FED-HEALTH-OTHER-070).
The modification compelled
Volunteers confined to home (spring 2020); volunteer shifts capped with the gatherings they served; volunteers barred from every hospital, nursing home and prison; every volunteer's transit trip under the federal conveyance order's airborne-transmission control (February 1, 2021 onward); every school volunteer under the schools' face-covering and exposure-control rules; every VA volunteer vaccinated (August 13, 2021).
The operation of the volunteer workforce was partially suspended in each of the six quarters because of the stay-at-home, gathering, visitation, conveyance and vaccination orders cited above.
HR: hiring, clergy and staffing
The instruments by quarter
2020 Q2: the consular suspension (Ex. FED-327), the entry proclamations (Ex. FED-200, Ex. FED-201, Ex. FED-210), the interstate quarantines. 2020 Q3 and Q4: the post-by-post resumption (Ex. FED-328), Proclamation 10052 (Ex. FED-211) and its extension (Ex. FED-213), the tri-State and Chicago quarantines (Ex. MET-CHI-019). 2021 Q1 and Q2: Proclamations 10143 and 10199 (Ex. FED-207, Ex. FED-208), the CDC testing order (Ex. FED-042), the land-border notifications (Ex. FED-232, Ex. FED-255). 2021 Q3: the same, with the school-staff, health-care-worker and federal-contractor vaccination conditions (Ex. SEC-16-118 (Executive Order 253, issued August 23, 2021, whose vaccination-or-testing deadline fell on October 18, 2021; cited for its issuance and its immediate policy and mask-exemption documentation commands, Ex. NJ-057, ¶ 9), Ex. CT-054, Ex. WA-077, Ex. WA-079, Ex. OR-046, Ex. CA-033, Ex. CA-030, Ex. NY-071, Ex. NJ-056, Ex. FED-063, Ex. FED-275, Ex. MET-NYC-040, Ex. MET-NYC-043, Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-008, Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-031, Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-052; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-017 as context).210
The modification compelled
Every foreign clergy call and religious-worker visa suspended or delayed by consular closure and entry proclamation; every interstate placement subject to quarantine; every school, health-care and federal-contract hire subject to a vaccination-or-testing condition from the dates stated.
The operation of hiring, clergy and staffing was partially suspended in each of the six quarters because of the consular, entry, quarantine and vaccination orders cited above.
OP: offices and telework
The instruments by quarter
2020 Q2: the telework and closure orders (Ex. SEC-16-121, Ex. SEC-16-111, Ex. NY-002, Ex. NY-004, Ex. SEC-16-100, Ex. MET-NYC-005, Ex. MET-NYC-006, Ex. MET-PHL-002, Ex. MET-PHL-003, Ex. MET-SAN-004, Ex. MET-SFO-002, Ex. SEC-16-088, Ex. MET-ATL-022). 2020 Q3: the office caps and protocols of the reopening orders (Ex. MET-PHL-005, Ex. MET-LA-006, Ex. MET-DEN-008). 2020 Q4 and 2021 Q1: the winter telework mandates (Ex. MET-PHL-010, Ex. MET-PHL-011, Ex. MET-PHL-012, Ex. MET-CHI-034, Ex. MET-DET-032, Ex. IA-029, Ex. CA-020, Ex. MET-LA-012, Ex. MET-DEN-027, Ex. MET-LA-014). 2021 Q2: the office caps to their ends (Ex. MET-PHL-013, Ex. MET-PHL-015, Ex. MET-LA-015). 2021 Q3: the face-covering orders reaching offices and commercial buildings (Ex. MET-CHI-026, Ex. MET-CHI-041, Ex. MET-BOS-036, Ex. MET-BOS-151, Ex. SEC-16-115, Ex. LA-036, Ex. DC-057), the federal workplace principles and Executive Order 14042 (Ex. FED-272, Ex. FED-063), Georgia's Executive Order 08.19.21.03 (Ex. GA-043), Texas's GA-38 and the county orders (Ex. TX-036, Ex. MET-DFW-031).211
The modification compelled
Every office ordered to telework "to the maximum extent possible" or closed as non-essential (spring 2020); occupancy caps and protocols on reopening; telework mandates re-imposed in the winter of 2020-21 ("Reduced efficiency experienced by conducting business operations offsite does not constitute impossibility"); face coverings, as one of the exposure-control requirements imposed on every office open to the public and every commercial building in the face-covering jurisdictions (August and September 2021); vaccination clauses in every federal contract (September 9, 2021).
The operation of offices was partially suspended in each of the six quarters because of the telework, closure, occupancy, face-covering and contracting orders cited above.
WF: workforce availability
The instruments by quarter
2020 Q2: the stay-at-home orders, the school closures, the FFCRA leave mandate (Ex. FED-170, Ex. ECO-B-001, Ex. ECO-B-002), the quarantine orders (Ex. MET-LA-065, Ex. MET-SEA-004), the county exclusion rules of Oakland and Wayne Counties (Ex. MET-DET-029, Ex. MET-DET-031). 2020 Q3 and Q4: the same, with the quarantine-or-test travel orders (Ex. MET-CHI-019, Ex. MET-CHI-020, Ex. MET-NYC-008) and the Wayne County exclusion rule to September 30, 2020 (Ex. MET-DET-031). 2021 Q1 and Q2: the conveyance order (Ex. FED-020), the school quarantine rules, the county quarantine orders (Ex. MET-SAN-023, Ex. MET-SAN-024). 2021 Q3: the conveyance order and TSA directives (Ex. FED-020, Ex. FED-051, Ex. FED-052), the school and child-care face-covering and quarantine orders (subpart B-7 of the third quarter of 2021), the quarantine orders (Ex. MET-SAN-024, Ex. MET-LA-017), the vaccination-or-testing conditions on school, health-care, federal-contract, State-employee and county-employee workforces (Ex. SEC-16-118 (Executive Order 253, issued August 23, 2021; vaccination-or-testing deadline October 18, 2021; cited for its issuance and its immediate commands), Ex. NJ-056, Ex. WA-077, Ex. CA-030, Ex. NC-031, Ex. FED-063, Ex. MET-DEN-023, Ex. MET-NYC-036).
The modification compelled
Staff confined to home by order; staff on paid leave by federal mandate because of a school an order closed; staff removed from the premises for seven to fourteen days by quarantine order; every commuter under the federal conveyance order's airborne-transmission control; every parent-employee subject to a school's quarantine calendar; every dual-employed staff member subject to another employer's mandate.
The operation of the workforce was partially suspended in each of the six quarters because of the stay-at-home, school, leave, quarantine, conveyance and vaccination orders cited above.
CB: members and donors
The instruments by quarter
2020 Q2: the stay-at-home orders of forty-two jurisdictions and the gathering bans of every State (the layers section); the Notice's own list includes the shelter-in-place proclamation. 2020 Q3 through 2021 Q2: the caps that limited how many members could attend (WS, above), the curfews and closing-hour orders (Ex. MET-CHI-021, Ex. MET-CHI-022, Ex. MET-DEN-028; Ex. MET-MSY-017, New Orleans's Modified Phase Two guidelines with bar closure and 11 p.m. closing, December 30, 2020; Ex. MET-BOS-172), the travel quarantines, the eviction moratoria. 2021 Q3: the face-covering orders, airborne-transmission controls on every place of assembly, under which members attended, Hawaii's caps, the conveyance order on every member's transit trip, the eviction moratoria on every tenant-member's household, the entry proclamations on every traveling member.212
The modification compelled
The member base confined to home (spring 2020); attendance capped by number and percentage (May 2020 to June 2021); attendance under face-covering and companion exposure-control requirements (2020 through June 2021 in most States and the third quarter of 2021 in seven States and the District of Columbia and the metros); giving collected remotely because in-person collection was capped or prohibited.
The operation of the member and donor base was partially suspended in each of the six quarters because of the stay-at-home, gathering, curfew, face-covering, conveyance and moratorium orders cited above.