UPDATE: Governor Michelle Lujan Grisham has ordered a two-week shelter-in-place to start Monday, November 16, 2020. Throughout that point, all non-essential companies have been ordered to shut, different companies have been ordered to scale back capability, and eating places have been restricted to take-out and curbside service solely. Click here to view the November 13, 2020 Public Well being Order.
In case you’re a enterprise proprietor, there’s a very good likelihood you’re discovering it onerous to maintain up with the most recent public well being orders prescribing what companies are important and the way “open” they are often. Making issues extra difficult is the gray space between “important” and “non-essential” companies. Grocery shops that service the general public and supply wanted provides are usually thought of important. What about small nook shops, or multi-purpose storefronts that promote necessities? Equally, “emergency dental amenities” are thought of important, however what constitutes an “emergency dental facility”? Does any dentist who takes purchasers on an emergency foundation qualify?
Usually, the reply is solely “we don’t know”. The vagueness of the Public Well being Orders doesn’t think about each potential state of affairs, so we’re left utilizing our greatest judgment to find out which enterprise do or don’t qualify as important. The folks imposing these legal guidelines are sometimes doing the very same factor — making educated guesses. With that in thoughts, are there some issues you are able to do to guard your self and keep away from undesirable sanctions or penalties (together with, in some instances, lack of licensure) by the federal government? Sure! Listed below are just a few:
- Learn the most recent Public Well being Order here. Greater than that, sustain with the information to see the way it’s altering. These orders normally solely final for 2 weeks, however they are often prolonged or revised at any time. Our combat towards COVID-19 is altering day-by-day, and the general public well being order might change with it.
- Learn the governor’s “Continuously Requested Questions” here. You could discover that your query has already been answered.
- Evaluate the classes of Important and Non-Important Companies here. What you are promoting might fall cleanly into certainly one of these classes.
- When unsure, talk to a business attorney. We transcend the Public Well being Order and think about the legal guidelines and precedent which may impression what you are promoting and whether or not it’s “important” or not. That is particularly helpful if what you are promoting falls right into a grey space.
To assist handle the wants of our purchasers and the final enterprise neighborhood, we’re providing 30-minute, no dedication telephone (or Zoom/Skype/and so forth.) consultations for less than $149. We’re right here to assist reply your questions on public well being orders, contracts, leases, and different issues dealing with what you are promoting. In case you’d like to talk with a enterprise legal professional, click here to book a consult.
Creator: Ian Alden
Ian Alden is an affiliate legal professional with Legislation 4 Small Enterprise, P.C. He’s licensed to follow regulation in New Mexico and, with a Tax LL.M. from Boston College, focuses on tax points for purchasers of the agency.