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Ex. DUT-WV-022 Standing duty Primary source read

Executive Order 20-20 (hotspot order), paras. 2 and 3 (cross-reference to Ex. WV-017; parallel Exs. WV-018, WV-019, WV-021; not re-saved)

Telework mandate on every essential employer, public and private; local health departments directed to set and enforce per-square-foot occupancy protocols with State Police and National Guard support

Governor Jim Justice · West Virginia (Berkeley, Jefferson and Morgan Counties; parallel orders for Harrison, Kanawha, Monongalia, Marion, Cabell, Ohio, Wayne, Wood and Jackson Counties) (State)

The COVID Project

The record

Jurisdiction
West Virginia (Berkeley, Jefferson and Morgan Counties; parallel orders for Harrison, Kanawha, Monongalia, Marion, Cabell, Ohio, Wayne, Wood and Jackson Counties) · West Virginia
Level
State
Authority
Exec. Order 20-20 paras. 2-3 (W. Va. Apr. 3, 2020) (Ex. WV-017)
Issued
2020-04-03 Apr. 3, 2020
Effective
2020-04-04 12:00 a.m. (read as 2020-04-04)
End
Terminated 12:00 a.m. May 19, 2020 (EO 38-20; Ex. WV-032) (read as 2020-05-19)
In force
Apr. 4, 2020 to May 19, 2020
Quarters
2020 Q2
Limitation types
Telework mandateGathering capWorkplace rulesOperating conditionOther
Addressees
  • employers (all Essential Businesses and Operations, private and public) in the twelve hotspot counties; businesses open to the public there
Character
order operating condition
Collection
Standing duties: West Virginia DUT-WV

Operative words

All Essential Businesses and Operations conducted by both private and public employers in Berkeley County, Jefferson County, and Morgan County shall order their employees and/or contractors, to the maximum extent possible, to work from their home or residence, or to otherwise work remotely. 3. Local health departments... are hereby directed to establish and enforce protocols to limit occupancy

Penalty

Enforcement by local health departments under W. Va. Code §§ 16-2-13 and 16-2-15 (Exs. DUT-WV-004, DUT-WV-005) with State Police and National Guard support; EO 9-20 para. 7

What it required

Every essential employer to order its employees and contractors to work from home 'to the maximum extent possible'; every business open to the public to operate under occupancy protocols set 'on an individual-per-square-foot-basis' by the local health department 'in consultation with the State Health Officer,' with the National Guard 'directed to support such county initiatives' and the State Police 'directed to provide such support in enforcing the terms of this Order and lawful orders issued by such agencies.' The verbs are 'shall order' and 'directed to establish and enforce.'

Retrieval note

The telework mandate is a gubernatorial order directed at the employer's own workforce; a remote operation under it was an operation the order changed, not a choice.