Legal Blog

Maryland Acts to Close Operations of Non-Essential Businesses

On March 23, 2020, Governor Hogan issued an executive order providing that non-essential businesses “are hereby closed to the general public.”  The Order defines non-essential businesses as “all businesses, organizations, establishments, and facilities that are not part of the critical infrastructure sectors identified by the U.S. Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency.”  The state has also provided a non-exhaustive list of essential businesses and a supplement as well as a reference to federal resources that provide even further information about essential and non-essential businesses.  All business owners in Maryland should immediately review the Order and the guidance in order to determine if they may keep operations open to the general public.

Businesses that may not remain open to the public may still continue their operations in a remote fashion.  While there are a number of issues that employers must address in connection with remote work , the best way for employers to address these issues is through an emergency remote work policy.  Employers, whether they have no choice but to work remotely or whether they are following best practices by having some or all workers remote, should put into place a temporary remote work policy that spells out eligible participants, plans for work schedules and timekeeping, information security and other IT policies, plans detailing whether office equipment and supplies will be provided, and inserting legal notices.  While many of these issues should be relatively straightforward, it makes sense for business owners to consult legal counsel in order to ensure they are adequately protected and providing clear guidance to employees.

The state has provided guidance as to what is an essential business. Business owners should review this guidance in order to determine how this Order applies to them.


For more legal information in regard to the COVID-19 outbreak, please check out our COVID-19 resource page here »


As an accomplished labor and employment attorney and Practice Group Director, Mr. Berger provides business counsel to employers on employee matters and is well-versed in litigating in both state and federal courts. Russell Berger is the trusted legal counsel every business owner needs to feel confident in their decision-making and secure with their assets. As a Practice Group Director at Offit Kurman, Mr. Berger has direct experience with managing other managers, which he draws from in advising his clients. He is a pragmatic problem-solver that works efficiently and tirelessly to present his clients the best possible solutions to their most complicated issues. He represents employers, businesses, and professionals in employment disputes across the nation.




ABOUT SARAH SAWYER | 410.209.6413

As an experienced business advisor and litigator, Sarah works with business owners to implement policies and practices that keep their businesses running smoothly, helps them avoid expensive legal battles, and fights for them when litigation arises. Sarah focuses her practice on providing her clients with general business advice, drafting and analyzing employment documents ranging from employment agreements and severance agreements to employee handbooks, and litigating all aspects of general civil and commercial disputes.









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