Jackson Kelly PLLC

The Legal Brief

What Green Phase Means for Pennsylvania Businesses

June 5, 2020

By: Michael P. Leahey and Derrick L. Maultsby Jr.

On June 5, 2020, Allegheny County is moving into the green phase, allowing for some semblance of normalcy to return, but some restrictions will remain in place. On March 19, 2020, Governor Wolf ordered that all non-life sustaining businesses close, On May 15, 2020, the Governor Wolf transitioned Allegheny County and other southwestern Pennsylvania counties to yellow phase. 

Who Can Open in Green Phase 

During yellow phase, businesses restricted during red phase were allowed to reopen with the exception of recreation, health and wellness, personal care services, and entertainment oriented businesses. Additionally, restaurants were prohibited from offering dine-in services. Under Governor Wolf’s Order, businesses restricted from being open during yellow phase are now permitted to open at 50% occupancy. These businesses include:  

  • Gyms; 
  • Hair & Nail Salons; 
  • Massage Therapy; 
  • Spas; 
  • Casinos; 
  • Shopping Malls; and 
  • Theaters

Child care facilities also may reopen so long as they comply with the appropriate guidance from government officials. In addition, construction activity may return to full capacity with the proper protocols in place. And while restaurants have only been able to offer take-out, delivery, and outdoor seating, they may now begin offering dine-in services, but must remain at 50% occupancy. 

What Restrictions Are Still in Place

Green phase does not mean that everything returns to normal.  Large gatherings of more than 250 people will also be prohibited, which means sporting events and concerts will not return with fans during green phase. Additionally, all businesses are subject to orders and guidance from the CDC and the Pennsylvania Department of Health. 

Looking Forward

Businesses should assess the transition from yellow phase to green phase in their operations by carefully reviewing guidance from the Governor, the CDC and the Pennsylvania Department of Health. Links are provided here and here for convenience. For guidance regarding preparations and operations, our attorneys are available by phone and email to assist, even while we comply with the current restrictions.

 

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