Governor’s Office Issues Executive Order 2020-07
On March 28, the Office of the Governor issued Executive Order No. 2020-07 relative to extending the closure of non-essential businesses and facilities to April 13, establishing a moratorium on evictions, clarifying price gouging prohibitions, and providing for telephonic participation in public meetings. The Order also requires employers who have reduced their workforce through employee terminations, layoffs, furloughs, or reduction in hours to report this data to the Guam Department of Labor.
Prohibition on Non-Essential Business
Executive Order No. 2020-07 the prohibition of on-site activity for non-essential businesses set forth in Executive Order No. 2020-05 until April 13, 2020. See our Advisory regarding Executive Order No. 2020-05 here .
Directives for Essential Business
With regard to the operation of essential businesses, the Department of Health and Human Services issued Guidance Memo 2020-02 providing that effective 8 AM on March 30, 2020 essential business must comply with the following directive in order to continue operating:
1. Retail operations and any other customer-facing services must enforce social distancing measures by requiring that customers or patrons be separated by at least six (6) feet from other customers or patrons within the retail space. Persons accompanying one another (e.g., a family) may be within six (6) feet of one another but must be separated from other individuals or groups of individuals by at least six (6) feet.
a. In order to ensure compliance with social distancing directives, businesses should control the number of individuals who enter their facility at any given time and post personnel for the purpose of guiding customers/patrons accordingly.
2. Provide access to both employees and customers/patrons to hand washing facilities with soap and water or with hand sanitizer that contains at least sixty percent (60%) alcohol.
3. Post a sign at a conspicuous place at all public entries that persons who are experiencing respiratory illness, including fever or cough, are prohibited from entering.
4. Frequently clean and disinfect all “high-touch” surfaces such as tabletops, desktops, refrigeration doors, cash register counters, restroom fixtures, toilets, doorknobs, trashcans, and phones.
5. Employers are instructed that if an employee has possible or confirmed COVID-19 infection –
a. Any employee with cough, fever, or shortness of breath should not come to work. If symptoms occur while at work, the employee should be immediately isolated and sent home.
b. Employees may return to work when they meet BOTH of the following criteria.
i. At least three (3) days after resolution of fever (without utilization of fever reducing medications like acetaminophen or ibuprofen) AND improvement in respiratory symptoms; AND
ii. At least seven (7) days have passed since symptoms started.
c. Employees who are household contacts of a confirmed COVID-19 case and do not become ill must stay home and self-isolate for seven (7) days after isolation has been discontinued for the ill household member.
d. With the exception of employees working in healthcare operations or facilities, employees who have had close contact with a confirmed COVID-19 case in a non-household setting must stay at home and self-isolate for fourteen (14) days after their last contact with the case even if they do not develop symptoms. Close contact is defined as:
i. Being within approximately six (6) feet of a COVID-19 case for a prolonged period of time (more than ten minutes
ii. Having direct contact with infectious secretions of a COVID-19 case (e.g., being coughed on)
e. Employees who were in the same indoor environment with a COVID-19 case, but not meeting the criteria for a close contact (i.e., being in the same room but more than six (6) feet away from the case) should self-monitor for symptoms for fourteen (14) days after their last contact with the case and isolate if symptoms develop.
f. Employees who have had contact with someone who has been exposed to a COVID-19 case or possible case are not directed to isolate unless that person develops symptoms or is diagnosed with COVID-19.
6. Employers are instructed that employees with mild illness due to suspected COVID-19 infection should stay home and do not require testing. Employers should not require proof of COVID-19 testing either to qualify for sick leave or to return to work. There is an insufficient number of tests available to test individuals with mild illness.
Required Reporting for Employers
Executive Order No. 2020-07 requires employers who have reduced their workforce through employee terminations, layoffs, furloughs, or reduction in hours to report this data to the Guam Department of Labor (“DOL”) in a form prescribed by the DOL Director in order for DOL to process benefits for affected employees. At minimum, the information must include the number and names of employees adversely affect and their wages/salaries immediately prior to the adverse action.
Moratorium on Evictions
Executive Order No. 2020-07 orders that no eviction or foreclosure actions involving real estate or property, rental or otherwise, may be initiated during the period of the public health emergency and that any such action currently in process is tolled during the period of the public health emergency. However, the Order makes clear that this moratorium does not relieve any individual of their obligations to pay rent or fulfill any other obligations under a rental or mortgage agreement.
Executive Order No. 2020-07 also clarifies price gouging prohibitions and provides for telephonic participation in public meetings.
Executive Orders issued by the Office of the Governor of Guam can be found here.