The Rocky Mountain Region COVID-19 Employment Update provides information about COVID-19 orders in Colorado, Idaho, Montana, Nebraska, New Mexico, Utah and Wyoming.
General Advisements
- In many situations, federal, State, and local cities or counties may have orders or regulations covering the same legal areas. Generally, the federal, State and local orders all apply in such a situation, so follow the most restrictive law. This is especially important for the Stay at Home or Shelter-in-Place Orders. If your city or county has issued a Stay at Home Order, but your State has not, you must comply with the city or county order. There may be some instances in which federal law could preempt State law, and we recommend you seek specific counsel in those situations.
- Companies should consider the potential for claims against Directors & Officers, Errors & Omissions, Management Liability, or any form of Professional Liability Insurance policies, including Healthcare Professional Liability policies. Claims could be made against managers, directors, officers, or professionals for a failure to make decisions that would have prevented the spread of disease. Potentially more costly could be claims by investors, who have seen the value of their holdings dwindle, seeking to assert claims against officers alleging that a lack of response (or inadequate response) led to a reduction in share price. Policyholders will argue that pollution exclusions have limited effect against such claims.
- Even if no shelter-in-place or stay-at-home orders have been issued for your location, companies should be wary of requiring employees to work in dangerous work environments that could be created if guidelines are not followed or in place. While there is no specific OSHA standard governing COVID-19, the General Duty Clause, requiring employers to provide “a place of employment, which are free from recognized hazards that are causing or are likely to cause death or serious physical harm,” still applies. We recommend all companies follow the OSHA Guidance on Preparing Workplaces for COVID-19 and the CDC Environmental Cleaning and Disinfection Recommendations.
- On the federal level, the Families First Corona Virus Response Act requires that companies with fewer than 500 employees give full-time employees 80 hours of paid sick leave and also provide part-time employees with some paid leave. It generally applies to anyone who has coronavirus, is in quarantine or caring for someone in quarantine, or is caring for a child under 18 whose school is closed as a result of the outbreak. There are caps on the payouts: $511 per day for employees with the virus or in quarantines and $200 per day for employees caring for someone in quarantine or a child. Employers are eligible to be reimbursed for with a tax credit to leave paid out to employees under the law.
- On March 27, 2020, President Trump signed the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act – the Federal government’s third aid package intended to keep businesses and individuals afloat during this unprecedented freeze on American life – into law. For more details see the complete advisory here.
State-by-State Analysis
Note: The exemptions to the limits on gatherings and essential work places vary on both a state and local level. To determine if your business is considered an essential/critical business and the requirements such essential businesses must comply with (e.g., social distancing, shift staggering), please continue to read on below.
Colorado
Governor Jared Polis declared a state of emergency in Colorado on March 10, 2020 and issued Executive Order D 2020 003 on March 11, 2020 reflecting this emergency declaration.
| Paid Leave | State Suspension of Other Regulatory Activities | State Limits on Gatherings and Work Places | City and County Limits on Gatherings and Work Places | WARN Act |
| Employees in certain industries (leisure and hospitality, education, food services, child care, home health, nursing homes, and community living facilities) covered by the HELP rules are required to be given 4 days paid sick leave for testing of coronavirus. This is not on top of or in addition to any sick leave provided by an employer. If an employee already has 4 paid sick days provided by an employer, he or she will not get 4 extra. | - Suspends the tax deadline and directs the Colorado Department of Revenue to extend the income tax deadline and estimated tax payments to July 15, 2020. - Suspends certain regulations for businesses in the alcohol and marijuana industries to allow businesses to adapt to the restrictions of social distancing, including allowing businesses to deliver alcohol and suspending physical exams for medical marijuana cards. - Closes bars and restaurants for on-premises dining; takeout and delivery services allowed - Allocates $1 million to improve and expedite the process of unemployment applications |
Idaho
Governor Little declared state of emergency on March 13, 2020.
| Paid Leave | State Suspension of Other Regulatory Activities | State Limits on Gatherings and Work Places | City and County Limits on Gatherings and Work Places | WARN Act |
| No additional guidance | • Idaho Department of Labor has clarified if coronavirus causes an employer to temporarily or permanently shut down operations, unemployment benefits are available to individuals who are unemployed through no fault of their own. If an employer must shut down operations and no work is available, individuals may be eligible for unemployment benefits. • If an employ receives unemployment benefits as a result of a coronavirus-related business shutdown, this could impact the employer’s unemployment taxes as there are currently no provisions to waive charge requirements as a result of the coronavirus at this time. | • other businesses essential to the safety and wellbeing of the residents (defined further in Order) | Idaho has no mini-WARN Act |
Montana
On March 12, 2020, Montana Governor Steve Bullock declared an emergency in the State of Montana with regards to the COVID-19 pandemic in Executive Order 2-2020 and extended the state of emergency on March 14, 2020 in Executive Order 3-2020.
| Paid Leave | State Suspension of Other Regulatory Activities | State Limits on Gatherings and Work Places | City and County Limits on Gatherings and Work Places | WARN Act |
| (1) A claimant directed by the employer to leave work or not report for work due to the employer's response to the COVID-19 pandemic, including COVID-19 induced reduction in demand or availability of materials, is deemed to have been temporarily laid off by the employer. (2) A claimant subject to a COVID-19 quarantine is deemed to be laid off by the employer during the period of the quarantine. (3) A claimant who is a caregiver of a family member who is the subject of a COVID-19 quarantine is deemed, in order to further the public health, safety, and welfare, to also be subject to a COVID-19 quarantine. (4) When a claimant has experienced a temporary layoff due to the COVID19 pandemic, pursuant to (1), (2), or (3), the claimant is deemed to be able, available, and seeking suitable work when: (a) the employer intends to recall the claimant to work at the end of the temporary layoff; and (b) the claimant intends to return to work when recalled by the employer and takes reasonable measures to maintain contact with the employer. (5) A claimant laid off as the result of being subject to a COVID-19 quarantine is ineligible for benefits if the claimant refuses work that can be performed while complying with the terms of the quarantine. | • Closure of dine-in food service and other areas that pose enhanced health risks until at least April 24th. • Essential Activates include: health and safety, necessary supplies and services, outdoor activity, certain types of work, to take care of others • Essential Businesses: stores that sell groceries and medicine, food and beverage production and agriculture, organizations that provide charitable and social services, media, gas stations and transportation, financial and real estate services and institutions, hardware stores, critical trades, mail/logistics, education institutions, laundry, restaurants (off-premises consumption only), supplies to work from home and other business essentials, home based care, residential facilities and shelters, professional services, manufacturing, critical labor union functions, hotels/motels, and funeral services | Montana has no mini-WARN Act |
Nebraska
On March 13, 2020, Governor Pete Ricketts issued an executive order (20-01) declaring a state of emergency and emergency relief for state and federal length and weight hauling requirements through May 1, 2020.
| Paid Leave | State Suspension of Other Regulatory Activities | State Limits on Gatherings and Work Places | City and County Limits on Gatherings and Work Places | WARN Act |
| • waives employer-related contribution requirements to unemployment benefits for claims related to COVID-19 through May 2, 2020. • The deadline to file state income taxes has been extended from April 15, 2020 to July 15, 2020 • No motor carrier shall require or allow an ill or fatigued driver to operate a motor vehicle. • A driver who notifies a motor carrier that he or she needs immediate rest shall be given a least ten (10) consecutive hour's off-duty before the driver is required to return to service. • Carries not directly supporting pandemic response efforts in the state, or that have an Out-Of-Service Order in effect, may not take advantage of the relief from regulation that such a declaration provides under 49 CFR 390.23. | • Bars gatherings of more than 10 people in Douglas, Sarpie, Cass, and Washington Counties of Nebraska through April 30, 2020. |
New Mexico
New Mexico Governor Michelle Lujan Grisham declared a State of Emergency on March 11, 2020.
| Paid Leave | State Suspension of Other Regulatory Activities | State Limits on Gatherings and Work Places | City and County Limits on Gatherings and Work Places | WARN Act |
| No additional guidance | • are required to self-quarantine as a precaution against the spread of COVID-19 or have an immediate family member who is quarantined due to COVID-19; or • Benefits are available to employees regardless of full-time or part-time status if hours are reduced due to lack of business related to COVID-19 as long as the employee’s earnings are under the weekly benefit amount. •Renews the statewide public health emergency proclaimed on March 11, 2020 and extends the public health emergency through April 30,2020 • Permits the New Mexico Department of Health (NMDOH) to allow Canadian nursing professionals who are licensed and in good standing to work in any New Mexico healthcare facility during the Pendency of the COVID-19 pandemic. • Authorizes emergency funds for the Aging and Long-term Services Department to assist in relief efforts during the state wide public health emergency due to COVID-19. • Authorizes additional emergency funds for the Department of Homeland Security and Emergency Management to assist in and coordinate relief efforts during the statewide public health emergency due to COVID-19. • Directs the New Mexico Department of Transportation (NMDOT) to create a streamlined process for Emergency Expedited Special Permits (EESP) that would allow overweight vehicles and loads that can be easily dismantled or divided to travel in New Mexico between March 31, 2020 and July 1, 2020. • Relief supplies include food, beveragers, medicine, medical supplies, clothing, building materials for temporary structures or shelters, and any other materials NMDOT determines are primarily for disaster relief. • Directs Secretary of the Taxation and Revenue Department (TRD) to instruct the Motor Vehicle Division (MVD) to waive collection of all late fees and other penalities triggered by failure of an applicant to timely submit an application or other required documentation for registration, license, permit, or other privilege under the Motor Vehicle Code. • Directs the Notary Compliance and Enforcement Unit (NCEU) to not recommend any form of discipline for any notary who performs a notarial act through audio-video technology provided that certain conditions are met. •Authorizes additional emergency funds for the Department of Health to purchase personal protective equipment, testing supplies, and other necessary materials to address the COVID-19 Epidemic. | • Essential businesses may remain open but must minimize operations and staff to greatest extent possible (see above link for list of Essential Businesses) | No mini-WARN Act |
Utah
On March 6, 2020, Governor Gary R. Herbert issued an executive order declaring a state of emergency due to the infectious disease COVID-19 novel coronavirus. By joint resolution (H.J.R. 24), the Utah legislature extended the state of emergency to June 30, 2020.
| Paid Leave | State Suspension of Other Regulatory Activities | State Limits on Gatherings and Work Places | City and County Limits on Gatherings and Work Places | WARN Act |
| No additional guidance | • Closing dine-in services for “all food service, restaurants, self-serve buffets, salad bars, unpackaged self-serve food services, bars, taverns, nightclubs, private liquor clubs, and saloons • Takeout service is only allowed if purchased remotely by electronic means (either internet, app, or telephone) • Employees who handle cash or credit cards should use cleansing measures between transactions. These employees cannot participate in food preparation, handling and delivery • Members, guests, patrons, or customers who present symptoms of illness consistent with COVID-19 should be excluded from the physical premises of the business | • Stay home except to engage in essential activities or to work in essential business, infrastructure, and/or governmental services • Permitted activity: health and safety, supplies and services, outdoor activity, certain types of work, provide care for others, essential travel |
Wyoming
Wyoming Governor Mark Gordon declared a state of emergency on March 13, 2020. State COVID-19 Website.
| Paid Leave | State Suspension of Other Regulatory Activities | State Limits on Gatherings and Work Places | City and County Limits on Gatherings and Work Places | WARN Act |
| • Closure of all restaurants, coffeehouses, bars, theaters, gymnasiums, child care facilities, K-12 schools, colleges, universities, and trade schools. • Gatherings of 10 or more people prohibited, except: hotels/motels, livestock auctions, workers being transported to job location, government business (including jails and law enforcement), food pantries and shelter facilities, grocery stores, pharmacies, drug stores, truck stops gas stations, auto-repair facilities, healthcare facilities, alcohol and drug treatment facilities, long term care and assisted living facilities, and retail establishments where more than 10 people can remain 6 feet apart. | Wyoming has no layoff notice requirements of its own. The state does assist in enforcing federal requirements. http://www.wyomingworkforce.org |
