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State-by-State COVID-19 Issues to Consider for the Private Sector

The Fisher Phillips COVID-19 Taskforce developed the following chart to provide businesses with answers to commonly asked questions regarding COVID-19 issues on a state-by-state basis. This information continues to rapidly change, so please check back regularly for the latest information.

State-by-State COVID-19 Issues to Consider for the Private Sector Chart (Updated 3/23/2020)

This summary document is intended for general business information purposes only. It is not a complete or all-inclusive explanation, and it should not be construed as legal advice on any specific facts or circumstances. Numerous regulations, interpretations, and other authorities must be evaluated in applying these principles.

Items to note:

This summary covers PRIVATE employers. Governmental employers may have different or additional obligations.
This summary covers STATE law, only. Local laws may also apply.
Remember that federal law may run concurrent with or preempt state, local and federal laws that are changing hourly. Coordination of laws has never been more important.
All Federal Fair Labor Standards Act (FLSA) and applicable state law wage-hour principles continue to apply particularly those related to exempt/non-exempt status and deductions from pay/salary.
If a work location is subject to a Collective Bargaining Agreement (CBA), the CBA may apply and, if so, must be followed.
An employer’s written polices such as an Employee Handbook and past practices generally should be followed unless the employer provides prospective notice of change.
If an employee has an employment contract, be sure not to breach that contract.
The law of a particular state may apply to residents of the state, individuals who perform work in the state, or both. Check the law where the employee lives and works/reports. The employer’s state of incorporation or “home office” likely is irrelevant for determining the applicable state law.

Notice: Businesses are urged to seek specific advice from experienced labor and employment counsel concerning your business’s specific situation and any specific legal questions you might have.