As Thanksgiving and what is traditionally the busiest holiday travel period approaches, COVID-19 numbers are rising, and state governments are doubling down on travel and quarantine restrictions.

The State of NH revised its travel guidance on November 12, 2020 changing the quarantine period for those NH residents who travel internationally (including to/from Canada); on a cruise ship; or domestically outside of the New England states for non-essential purposes.  Essential travel includes travel for work, school, personal safety, medical care, care of others, parental shared custody, for medication, and brief trips for take-out food and groceries.  Of course, the guidance continues to discourage business from allowing business-related travel for non-essential purposes.

Continue Reading States Issue New Travel and Quarantine Restrictions in Advance of Thanksgiving Holiday

Governor Sununu issued Emergency Order #74 (the “Order”) on November 19, 2020 mandating the wearing of masks or cloth face coverings in indoor and outdoor public spaces where individuals are unable to or inconsistently maintain a physical distance of six feet from persons outside their own household. The order takes effect on November 19, 2020. Relevant portions of the Order are summarized below:

  • All persons over the age of 5 in the State of New Hampshire are covered by the Order.
  • “Public spaces” includes any part of public or private property that is generally accessible to the public including lobbies, waiting areas, restaurants, retail businesses, streets, beaches, parks, elevators, restrooms, and parking areas.
  • Municipalities are free to enact ordinances which are stricter than the Order.
  • The Order does not override any provision of industry specific guidance related to face coverings referenced in Emergency Order #52.  Where there is a conflict, the industry specific guidance controls.

Continue Reading Governor Sununu Issues Emergency Order Mandating Masks

On Monday, November 2, 2020, Governor Baker signed a modified COVID-19 Order No. 54. The Order now states that all gatherings – no matter the size – must disperse by 9:30 p.m. Exceptions are religious and political gatherings only.

Gatherings at private residences are limited to a maximum of 10 people. Outdoor gatherings at private residences are limited to 25 people.

All persons over the age of 5 must wear a facemask in public – even where they are able to maintain 6 feet of distance from each other.

These changes will go into effect today – Friday, November 6, 2020.

The Governor also stated that there will be no more exceptions or exemptions as to when social distancing is necessary.

Moreover, the Department of Public Health is issuing an advisory, which states that people should stay at home between the hours of 10:00 p.m. and 5:00 a.m.

Effective Friday, November 6, 2020, Massachusetts residents will be required to wear a mask or cloth face coverings at all times when in any public place, with limited exceptions.  This new directive expands upon a prior mask mandate issued by Governor Charlie Baker in May.  Under the earlier order, residents were instructed to wear face coverings in public when it was not possible to maintain six feet of social distancing.  The new order removes the distance qualification, and essentially requires people to keep their masks on at all times.  “We’re basically saying if you go out in public, wear a mask,” the Governor said during a press conference announcing the new order.  Governor Baker imposed the harsher rule in light of rising COVID-19 infection and hospitalization rates in Massachusetts this fall.

Continue Reading Massachusetts Governor Issues Stronger Mask Mandate

The Centers for Disease Control and Prevention (CDC) recently updated the definition of “Close Contact.” Among other things, the new definition effects the close contact and monitoring process recommended by the CDC.

The term “Close Contact” is now defined as:

Someone who was within 6 feet of an infected person for a cumulative total of 15 minutes or more over a 24 hour period starting from 2 days before illness onset (or, for asymptomatic patients, 2 days prior to test specimen collection) until the time the patient is isolated.

See CDC Appendix to Contact Tracing protocols, among others. This new definition applies directly to “Close Contact Evaluation and Monitoring Priorities.” This recommendation concerns the evaluation and monitoring of individuals who have had close contact with people with confirmed and probable COVID-19 infection.

The CDC provides a “Close Contact Evaluation and Monitoring Hierarchy.” Those who should be evaluated and monitored carefully are those who come in close contact with: for example: 1) hospitalized patients and members of a large household living in close quarters; 2) individuals 65 years of age or older; 3) individuals with COVID symptoms, and 4) individuals without apparent symptoms.

This new definition applies not only to so-called “contact tracing,” but also when to recommendations as to when one should quarantine.

The Centers for Disease Control and Prevention (CDC) have recently issued guidance for Thanksgiving celebrations in light of the continuing risks associated with COVID-19 exposure. The CDC recommends that: “Staying home is the best way to protect yourself and others.” The CDC believes that having a small dinner with just household members is the safest bet. Or, if necessary, having a “virtual dinner” with family and friends.

These suggestions are designated “low risk activities” by the CDC. A “moderate risk” activity is defined, among other things, as “[h]aving a small outdoor dinner with family and friends who live in your community.” If you decide to do the latter, the CDC recommends that the placing of the table and chairs follows social distancing guidelines, i.e., be six feet away from those people from other families. When guests arrive, “do not shake hands, do elbow bumps, or give hugs,”  the CDC emphatically suggests. Moreover, masks should be worn if there is a likelihood that people will be less than six feet apart.

In such holiday gatherings, hands should be washed for at least 20 seconds when entering or exiting the site of the gathering. The sanitizer used should be made available in restrooms. It should contain at least 60% alcohol. Also, such washing of the hands should be done before serving any food.

The Department of Labor (DOL) has proposed a rule that seeks to make it easier to classify workers as independent contractors.  The distinction is not without difference, as the federal Fair Labor Standards Act (FLSA) and many of its state analogues only protect employees, but do not extend to independent contractors – including many gig economy workers.  However, as made clear by the proposed rule, merely identifying a worker as an “independent contractor” does not mean the employer is off the hook.

Continue Reading Better Classification for our Economic Reality

As of Monday, September 21, the Massachusetts Department of Labor Standards (DLS) is offering free review of and advice on companies COVID-19 safety protocols where a cluster, i.e., two or more, of employees has come down with the illness. DLS does so remotely via telephone and email. The DLS will review all existing COVID safety protocols implemented by a company and make suggestions on how to optimize same, among other things.

The contact number to request such services is: 508-616-0461, ext. 9488.

This is a great opportunity for companies to ensure that their COVID safety standards are efficacious and meet state and federal requirements for a safe workplace during this unprecedented pandemic.

Since the pandemic hit, Massachusetts has developed strict protocols for those wishing to physically enter the state. Presently, all those 18 years of age or older, as well as unaccompanied minors, must quarantine for 14 days, or otherwise provide written proof that they received a negative COVID-19 test result within 72 hours prior to arriving in MA. The penalty for non-compliance is stiff: a fine of $500 per day.

Continue Reading To Come to Massachusetts or Not to Come? That is the Question.

On August 27, 2020, New Hampshire updated both the Universal Guidelines for All New Hampshire Employers and Employees and the New Hampshire COVID-19 General Travel and Quarantine Guidance, & Employer Screening and Exclusion Criteria.  These documents apply to “all businesses, organizations, and individual business operators for the operation of their business” and must be complied with together with any applicable industry-specific guidelines.

The Universal Guidelines serve as “the basic  minimum standard that businesses must adhere to in order to maintain or begin operations.”  Updates to the Universal Guidelines include a “Definitions” section and a “Chart” on page 4 which identifies when employees or volunteers must self-quarantine or isolate.  The Chart serves as a guide as employers must prohibit from workplaces or activity areas all employees or volunteers who have any new symptoms of COVID-19, are diagnosed with COVID-19, have had close contact exposure to someone confirmed with COVID-19, or have had travel risk exposure (more detail below).

The updated Universal Guidelines again explain that other guidance from the Center for Disease Control and Prevention (CDC), Occupational Safety and Health Administration (OSHA), and NH Department of Health and Human Services (DHHS) must be reviewed, monitored, and followed along with any applicable federal or state regulatory requirements.  A link to sample communications from the CDC website is included.   While citing these other government regulatory entities,  it is now clear that the Universal Guidelines control.   “To the extent any of the above guidance conflicts with provisions of the Universal Guidelines, then the applicable provisions of the Universal Guidelines shall control.”

The Universal Guidelines link to the DHHS’s guidance on travel and quarantine, which was updated on the same date.  Both documents change the screening questions businesses must ask related to travel outside of the New England states for non-essential purposes before allowing someone into the workplace.   Those who answer “yes” to the travel screening question will need to self-quarantine for 14 days and additionally get tested if experiencing new or unexplained symptoms.  Specifically, the screening question under the Universal Guidelines reads:

“Have you traveled on non-essential travel in the past 14 days outside of New Hampshire, Vermont, Maine, Massachusetts, Connecticut, or Rhode Island (this includes any international travel or travel by cruise ship and any domestic travel, within the US, outside of NH, VT, RI, CT, MA or ME, regardless of the mode of transportation)?”

“Essential Travel” is defined to “include[] personal safety, medical care, care of others, parental shared custody, for food, beverage or medication or for work.  Employees who travel outside of the New England states for personal or leisure reasons cannot rely on this exemption.”  The DHHS guidance further details the limited “Exceptions to Quarantine Requirements” for those critical infrastructure employees who may have had close contact to someone suspected or confirmed with COVID-19 or traveled outside New England for non-essential purposes.  Nine criteria are listed and all nine must be met for the exemption.  The guidance cautions that the exceptions are not recommended and should not be standard practice.

The Universal Guidelines now identify 10 industries that have additional guidance to follow under an Addendum A.  Except as noted in the Addendum and Universal Guidelines, the following industries may “resume normal operations” in NH:

  • Community Arts & Music Education
  • Drive-In Movie Theatres
  • Driver’s Education
  • Funeral Homes
  • Equestrian Facilities
  • Golf Courses
  • Libraries
  • Museums & Art Galleries
  • Outdoor Attractions (no amusement parks)
  • State Parks

Separate guidance for other industries can still be found on Governor Sununu’s Safer at Home page.

Some additional changes to the Universal Guidelines include:  monitoring, cleaning and disinfecting restrooms; identifying someone as a “Safety Officer” to monitor and improve compliance with social distancing, face covering use, hand hygiene, and other protective policies; and training of employees and volunteers on the Universal Guidelines, industry-specific guidance, and other applicable guidance.

All businesses, organizations, and individual business operators must review these updates carefully to ensure that their policies and practices are in compliance with these mandates and train employees and volunteers accordingly.  They should also communicate frequently with employees, volunteers, and customers about the steps being taken to lessen the spread of the virus.   As we know, this guidance is subject to change as more information is learned about this virus and employers should be consistently reviewing federal and state websites for the release of updates.