Denver Issues a Stay-at-Home Order Requiring All Non-Essential Businesses to Cease In-Person Activities

Effective March 24, 2020, Denver has implemented an order directing Denver residents to stay at home in an effort to stop the spread of the COVID-19 virus.  The order requires “all individuals anywhere in the City and County of Denver to shelter in place – that is, stay at home – except for certain essential activities and work to provide essential business and government services or perform essential public infrastructure construction, including housing.”

Under the order, only essential business may continue in-person operations. Essential businesses include: healthcare operations; grocery stores; banks and financial institutions; gas stations; laundromats; restaurants that are operating solely for delivery, take out, or drive thru; airlines, taxis, and other private transportation providers which provide transportation services necessary for essential activities; educational institutions for the limited purpose of facilitating distance learning or performing essential functions; and childcare facilities which provide services that enable employees performing essential activities to continue working. Additionally, governmental agencies and businesses providing essential infrastructure such as utilities, transportation, and telecommunications companies may continue operations. Businesses operating with employees or contractors working exclusively from home may also continue to operate.

Businesses not designated as essential may continue conducting the minimum necessary activities to (1) maintain the value of the business’s inventory, ensure security, and process payroll and employee benefits; (2) facilitate employees’ ability to work remotely; and (3) facilitate employees’ ability to continue to fill online product orders and process customer orders remotely.

The order will remain in effect until April 10, 2020. Any person who fails to comply with the order may be subject to a civil penalty of up to $999.00 per violation.

Constangy attorneys are monitoring the status of measures related to the COVID-19 pandemic and will keep employers informed of any changes, including any challenges to enforceability. If you have any questions about this or other workplace issues, please do not hesitate to contact any Constangy attorney.

Please be aware that substantial changes in the governmental guidance and the underlying laws are occurring on almost a daily basis, which will impact the analysis of the legal issues related to COVID-19. It is critical that you check the Resource Center often for the most recent information and stay in continual contact with your Constangy attorney.