What Massachusetts Employers Need to Know Regarding Travel Restrictions and Phase 3 Reopening

July 7, 2020

On June 30, Governor Baker  announced new COVID-19 public health guidelines regarding travel to Massachusetts, and on July 2 issued COVID-19 Order No. 43 allowing Phase Three enterprises to begin opening on Monday, July 6. Prior to reopening their brick-and-mortar premises, Phase Three enterprises must adopt mandatory safety standards, adhere to sector-specific rules, and complete a self-certification process. Relevant information for businesses and organizations impacted by the Massachusetts travel restrictions and Phase Three of Massachusetts’ reopening is summarized below.

Gov. Baker Issues Order Requiring Travelers Arriving in Massachusetts from Most States to Self-Quarantine for 14 Days.

Effective July 1, all travelers arriving to Massachusetts – including Massachusetts residents returning home – are instructed to self-quarantine for 14 days. Travelers arriving from Rhode Island, Connecticut, Vermont, New Hampshire, Maine, New York, and New Jersey (“the exempt states”), and workers designated by the federal government as essential critical infrastructure workers, are exempt from this order. In addition, anyone displaying symptoms of COVID-19 is instructed not to travel to Massachusetts. 

In light of Gov. Baker’s directive, we recommend that employers reconsider their travel policies to prohibit or limit all non-essential business travel outside of the exempt states. Although non-essential business travel was discouraged prior to Gov. Baker’s June 30 announcement, employers must now consider whether they have the ability to allow employees who have travelled outside of the exempt states to work remotely for two weeks upon their return. If the employee is unable to work remotely, they may qualify for emergency paid sick leave (“EPSL”) under the Families First Coronavirus Response Act (“FFCRA”) because they are subject to a state quarantine order that prevents them from working. (Gov. Baker’s prior order “urging” travelers to self-quarantine was not an “order,” and thus did not implicate the FFCRA.) This means that employees returning to Massachusetts from a non-exempt state could be eligible to up to 80 hours of EPSL, assuming, of course, that the employee has not already exhausted their EPSL.

Employers must also immediately consider how to address employee personal/vacation travel this summer. Some employers may temporarily seek to prohibit employees from traveling outside of the exempt states. While this is the simplest way of complying with Gov. Baker’s order, employee morale may suffer, and such a blanket prohibition may result in employees not disclosing their summer plans. Employers who permit employees to travel outside of the exempt states this summer must insist that they not come into the workplace for 14 days after they return to Massachusetts. Employees who can work remotely should be permitted to do so. Of course, employers can elect to bar employee travel to non-exempt states, even for pre-approved trips. In some circumstances this may be necessary, since a one-week trip to a non-exempt state would result in the employee being out of the workplace for three weeks. 

Which workplaces may reopen during Phase Three?

Phase Three has been bifurcated into two steps, allowing the types of workplaces listed below to reopen, often in a limited capacity and subject to their compliance with mandatory safety standards as described below:

Phase Three, Step One (July 6 if outside of Boston, July 13 if located within Boston)

  • Post-secondary/higher education/vocational-technical trade /occupational schools (general operations);

  • Casino gaming floors;

  • Horseracing tracks and simulcast facilities;

  • Indoor recreational and athletic facilities for general use (not limited to youth programs);

  • Fitness centers and health clubs (excluding saunas, hot tubs, and steam rooms);

  • Museums;

  • Indoor historic spaces/sites;

  • Aquariums;

  • Outdoor theatres and performance venues not designated as Phase Four enterprises;

  • Movie theaters;

  • Sightseeing and other organized tours;

  • Motion picture, television, and video streaming production;

  • Fishing and hunting tournaments and other amateur or professional derbies;

  • Outdoor event spaces used for gatherings and celebrations including those in parks, reservations, and other outdoor spaces not designated as Phase Four enterprises;

  • Indoor event spaces such as meeting rooms, ballrooms, and private party rooms (only when used for functions or events permitted under Sector-Specific Rules for Indoor and Outdoor Events);

  • Indoor non-athletic instructional classes in art/education/life skills for persons 18 years or older; and

  • Indoor recreational activities with low potential for contact (batting cages, driving ranges, go karts, bowling alleys, rock climbing walls).

Phase Three, Step Two (Date TBD)

  • Indoor performance venues used for live performances such as concert halls, theaters, and other indoor performance spaces not designated as Phase Four enterprises; and

  • Indoor recreational activities with greater potential for contact (laser tag, roller skating, trampolines, obstacle courses).

What safety precautions are required for reopening workplaces?

Before reopening, workplaces must meet the following safety requirements:

1)    Implement Mandatory Safety Standards for Workplaces

The Mandatory Safety Standards for Workplaces are discussed in previous Kurker Paget alerts available here and here.  

2)    Implement Sector-Specific Protocols

To supplement the general safety requirements described above, Gov. Baker’s administration has also released industry-specific safety requirements for: museums, cultural and historical facilities, and guided tours, fitness centers and health clubs, indoor and outdoor events, indoor recreation, theaters and performance venues, and sectors not otherwise addressed. Additional industry guidance is forthcoming.

3)    Complete mandatory self-certification 

The self-certification process is discussed in greater detail in previous Kurker Paget alerts available here and here.

My workplace is not included in Phases One, Two, or Three. When will I be able to reopen? 

Under the current plan, the following types of workplaces may reopen in Phase Four (subject to their compliance with mandatory safety standards and additional restrictions):

  • Amusement parks, theme parks, indoor and outdoor gaming arcades, indoor or outdoor water parks, and indoor or outdoor ball pits;

  • Saunas, hot-tubs, and steam rooms at fitness centers, health clubs, and other facilities;

  • Bars, dance clubs, and nightclubs (venues offering entertainment, beverages, or dancing and not providing seated food service prepared on-site and under retail food permits issued by municipal authorities pursuant to 105 CMR 590.00);

  • Beer gardens, breweries, wineries, and distilleries not providing food service prepared on site and under retail food permits issued by municipal authorities pursuant to 105 CMR 590.00;

  • Large capacity venues used for group or spectator sports, entertainment, business, and cultural events, including stadiums, arenas, ballparks, dance floors, and exhibition and convention halls;

  • Street festivals, parades, and agricultural festivals; 

  • Road races and other large, outdoor organized amateur or professional group athletic events; and

  • Overnight camps (Summer 2021).

Additional information regarding the proposed reopening schedule for various workplaces and recreational activities is available here. 

Stay tuned for future alerts on these developing issues. For assistance preparing your workplace to resume operations, contact Margaret H. Paget or Allyson Kurker at Kurker Paget LLC.