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.
If you happen to’re a enterprise proprietor, there’s a superb probability you’re discovering it arduous to maintain up with the newest 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” providers. Grocery shops that service the general public and supply wanted provides are typically thought of important. What about small nook shops, or multi-purpose storefronts that promote necessities? Equally, “emergency dental services” 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 take into account 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 a number of:
- Learn the newest 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 battle towards COVID-19 is altering day-by-day, and the general public well being order might change with it.
- Learn the governor’s “Ceaselessly Requested Questions” here. You could discover that your query has already been answered.
- Assessment the classes of Important and Non-Important Companies here. Your enterprise might fall cleanly into one in every of these classes.
- When doubtful, talk to a business attorney. We transcend the Public Well being Order and take into account the legal guidelines and precedent which may affect your corporation and whether or not it’s “important” or not. That is particularly helpful if your corporation falls right into a grey space.
To assist deal with the wants of our purchasers and the final enterprise group, 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 considerations dealing with your corporation. If you happen to’d like to talk with a enterprise lawyer, click here to book a consult.
Creator: Ian Alden
Ian Alden is an affiliate lawyer with Legislation 4 Small Enterprise, P.C. He’s licensed to observe legislation in New Mexico and, with a Tax LL.M. from Boston College, focuses on tax points for purchasers of the agency.