Function by function
Each of the ten functions of 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 of the customer site; capacity; hours; screening, distancing, face coverings and the other workplace infection-prevention and exposure-control requirements; remote operation; visitor and entrant limits; quarantine and exclusion of staff; vaccination or testing as a condition of entry; and, for the landscaping segment, the closure and rationing of its labor pathway. The instruments for each function and quarter are listed in the footnotes.
PL: placements at customer sites
The instruments and the determination
In the second quarter of 2020 the customer sites were closed or emptied by the stay-at-home and closure orders and the placement was permitted only where the customer was, on lists that marked "Employment Services No" or admitted "Staffing and/or payroll services" only as support to critical-infrastructure businesses; in the third quarter of 2020 the sites reopened under caps and under workplace infection-prevention and exposure-control requirements (screening, distancing, face coverings and written plans), and Virginia's standard bound the placement and the host employer alike; in the fourth quarter of 2020 the sites were re-closed or re-capped in seventeen jurisdictions and the MIOSHA, New Jersey, Cal/OSHA and Oregon standards prescribed every open workplace; in the first and second quarters of 2021 the caps and telework rules ran to their stepped expiry while the standards continued and the Healthcare ETS took effect; in the third quarter of 2021 every health-care placement operated under the ETS and, from late August, under mandates that named the placed worker as "contract staff" or a "contractor," every school placement under the school orders, every federal placement under the Task Force rules and Executive Order 14042, and every placement in the States and metros that issued face-covering orders operated under those airborne-transmission controls.158 The operation of placements at customer sites was partially suspended in every quarter from the second quarter of 2020 through the third quarter of 2021 because of those closure, classification, capacity, screening, workplace-standard, vaccination and face-covering orders.
RC: recruiting, onboarding, drug testing and fingerprinting
The instruments and the determination
The fingerprint-site closures and the State orders that suspended or modified fingerprint-based checks (North Dakota to April 30, 2021; Minnesota to May 27, 2021; Montana; Pennsylvania's Act 18 to December 31, 2020), the licensing and motor-vehicle closures that extended security-guard permits and licenses by order (Mississippi; New York), the elective-service suspensions that closed the occupational-health clinics where pre-employment physicals and drug collections are done, the federal drug-testing relief described by category, and the Form I-9 physical-inspection deferral reached this function in 2020 and the first half of 2021; in the third quarter of 2021 the vaccination and testing mandates made verification of vaccination status, and testing or exclusion of the unvaccinated, a condition of every health-care, school and federal hire.159 The operation of recruiting, onboarding and credentialing was partially suspended in every quarter because the channels through which the industry screens and credentials its workers were closed, limited or reconfigured by order, and in the third quarter of 2021 because every hire for a covered setting was conditioned on verification, testing or vaccination.
JS: janitorial and disinfection contracts
The instruments and the determination
The closure and telework orders emptied the buildings whose square footage and occupancy set the contract's volume; the lists named "janitorial/cleaning personnel" as continuity support at the sites that stayed open, which is a permission to clean a building the order had emptied; the reopening orders of 2020 and the standards of the fourth quarter of 2020 through the third quarter of 2021 commanded cleaning and disinfection as conditions of operating (Pennsylvania's Worker Safety and Building Safety Orders; New Jersey's Executive Orders 122 and 192; MIOSHA; Cal/OSHA; Virginia; Oregon; New York's HERO Act plans; the Healthcare ETS paragraph (j)); in the third quarter of 2021 every hospital housekeeping contract was a "healthcare support service" under the ETS, every New Jersey contract in a covered setting ran under a vaccination-or-testing policy that named "custodial services," every New York contract under 10 NYCRR § 2.61's "contract staff," every child-care contract in New Jersey under Executive Order 264's "custodial and administrative staff, contractors," every federal custodial contract under the Task Force rules and Executive Order 14042, and every contract at a covered premises in New York City required proof of vaccination of the contractor's employees from August 17.160 The operation of janitorial and disinfection contracts was partially suspended in every quarter because the buildings were emptied by order, the protocols were prescribed by order and, in the third quarter of 2021, the cleaner's entry was conditioned by order.
SG: security at venues and buildings
The instruments and the determination
The gathering bans and venue closures of 2020 eliminated every event post; the office and mall closures cut posts to "building access control"; the courthouse and federal-building closures and access limits governed every court and government post; the winter re-tightening closed the venues again; the reopening caps of 2021 restored them by steps to June and July 2021; in the third quarter of 2021 every post at a hospital, school, federal building or courthouse operated under the corresponding orders, and every post at a covered premises in New York City, New Orleans, San Francisco, Honolulu and, by order issued September 16, King County stood at the door as the entity's means of enforcing the proof-of-vaccination order.161 The operation of security services was partially suspended in every quarter because the venues and buildings at which guards are posted were closed, capped or conditioned by order, and in the third quarter of 2021 because the guard's own entry and function were conditioned by the vaccination, testing and proof-of-vaccination orders.
LS: landscaping and grounds
The instruments and the determination
Michigan barred landscaping by name from March 24 to April 24, 2020 and permitted it only "subject to the enhanced social-distancing rules" thereafter; Washington barred it to May 4, 2020; Vermont confined it to crews of two, five and ten from April 20 to May 4, 2020; Nantucket limited it by its stay-at-home order of March 22, 2020 and reaffirmed on March 30, 2020 that "all commercial landscaping work is prohibited"; New York's guidance as updated March 27, 2020 omitted it; Michigan closed garden centers and plant nurseries on April 9, 2020; the consular suspension of March 20, 2020, the H-2B rule of May 14, 2020, Proclamation 10052 (June 24, 2020) and Proclamation 10131 closed the seasonal labor pathway to March 31, 2021, through the 2021 season's hiring window; the FY2021 rule of May 25, 2021 rationed the replacement to 22,000 visas nationwide through September 30, 2021; the stay-at-home orders confined the customer base and the closure orders emptied the commercial properties whose grounds are maintained; the face-covering orders of 2020 and 2021, one of the exposure-control requirements the States and metros imposed on every workplace, reached the crews.162 The operation of landscaping and grounds services was partially suspended in every quarter because the work was barred or confined by name at the 2020 season's opening, its labor pathway was closed by federal order from March 2020 to March 31, 2021 and rationed by federal rule through September 30, 2021, and its customers and properties were confined and emptied by order.
CC: call centers and business-process outsourcing
The instruments and the determination
New Mexico's one-hundred-percent call-center reduction (March 24, 2020), Delaware's closure of "customer service call centers and telemarketing operations," Pennsylvania's "Business Support Services No," and the telework commands of New York (March 22, 2020), New Jersey (March 21, 2020 to June 4, 2021), Connecticut, Michigan (June 1, 2020 to May 24, 2021), Minnesota (to April 14, 2021), Pennsylvania (July 16, 2020 to April 4, 2021), California (Blueprint "Remote" to June 15, 2021), Oregon (applied to May 6, 2021; framework to June 30, 2021), Ohio, Rhode Island, Vermont, Maine (to June 30, 2021) and the District reached the call floor in 2020 and the first half of 2021; the capacity and distancing rules of every reopening order fixed its density; in the third quarter of 2021 the indoor face-covering orders, airborne-transmission controls imposed on every indoor workplace, of Illinois (August 30), Nevada (Directives 047 and 048, reaching office buildings, breakrooms and meeting rooms), Louisiana, the District, New Mexico, Oregon and Washington, the metro face-covering orders of Los Angeles, the Bay Area, Sacramento, Chicago, Dallas County, Philadelphia, Baltimore, St. Louis, Kansas City, New Orleans, Mecklenburg, Dane County and Columbus, and the workplace standards of California, Virginia, Oregon, Washington and New York governed every call floor and office.163 The operation of call centers and business-process outsourcing was partially suspended in every quarter because the call floor was ordered to zero, closed by name, marked "No," ordered remote or capped in 2020 and the first half of 2021, and placed under face-covering orders and workplace standards in the third quarter of 2021.
HR: hiring, licensing and visas
The instruments and the determination
The consular suspension, the H-2B rules, Proclamations 10014, 10052, 10131 and 10149, the USCIS closures, the Form I-9 deferral, the fingerprint and licensing instruments and the security-guard permit extensions reached this function in 2020 and the first quarter of 2021; the FY2021 H-2B rule and the entry proclamations governed the second and third quarters of 2021; and the vaccination and testing mandates of the third quarter of 2021 conditioned every hire for a covered setting.164 The operation of hiring, licensing and visa sponsorship was partially suspended in every quarter because the entry of the industry's seasonal labor was suspended for nine months and rationed thereafter, the offices that issue its permits and take its fingerprints were closed or limited, and in the third quarter of 2021 every covered hire was conditioned on verification, testing or vaccination.
OP: the employer's own offices, payroll and compliance
The instruments and the determination
The industry's own recruiting offices, dispatch desks and call floors operated under the same telework, capacity, screening, face-covering and workplace-standard orders as its customers' offices in every quarter; the FFCRA mandate compelled paid leave from April 1 to December 31, 2020; the federal contractor orders reached the entire workforce of every covered contractor from July 29 and September 9, 2021; the paid-leave mandates of New York, New Jersey and Colorado compelled payment of quarantined workers; and the Healthcare ETS's paid medical removal and vaccination leave compelled payment of removed and vaccinating workers at every health-care site.165 The operation of the employer's own offices and payroll was partially suspended in every quarter because the offices were ordered closed, remote or capped or placed under face-covering and exposure-control requirements, and the payroll was reconfigured by the leave, removal and contractor orders.
WF: workforce availability
The instruments and the determination
The stay-at-home orders of the second quarter of 2020, the school closures of the spring of 2020 and the remote and hybrid year of 2020-21, the FFCRA mandate and rule, the State paid-leave mandates, the isolation and quarantine orders (San Diego, Sacramento, Riverside, Dane and other counties; the District; the States), the transit agencies' service cuts and rider caps, the conveyance order and TSA directives from February 1, 2021, and the school face-covering, testing and quarantine orders of the 2021-22 year reached this function.166 The operation of the workforce was partially suspended in every quarter because the orders confined it, closed its children's schools, compelled paid leave for its quarantines, cut its commute and placed it under the conveyance order's face-covering requirement, an airborne-transmission control on every conveyance, removed its infected and exposed members from every assignment, and in the third quarter of 2021 placed its children's schools under face-covering, testing and quarantine regimes.
CB: the customer base
The instruments and the determination
Every order catalogued on this site's other industry pages for the industries this industry serves reached this function: the manufacturing and logistics orders for the light-industrial book; the office orders for the clerical book; the hospital, clinic and nursing-home orders for the health-care book; the hotel, arena, stadium, caterer and school orders for the hospitality, event and education books; the office, school, retail and industrial orders for the janitorial book; the office, mall, venue, school, hospital, construction and government orders for the security book; the stay-at-home, property and municipal orders for the landscaping book; and the bank, insurer, utility, retailer and health-system orders for the call-center book.167 The operation of the industry's customer base was partially suspended in every quarter because every customer industry was under orders limiting its commerce, and the placements, contracts, posts, crews and seats that follow customer activity were delayed, interrupted or terminated with it.