Massachusetts, Maryland, Ohio among states with updated guidance.
3/23/2020 9:00
ACA International continues to monitor state and city updates and remains available as a resource for members during this difficult time of fast-moving and often ambiguous regulatory change. In addition, our team has maintained regular direct and indirect communications with state and federal regulators to receive up-to-the-minute guidance on industry-relevant orders and emergency regulations, which we have been and will continue to parse and report on at regular intervals.
Here are the latest updates:
Delaware Updates Guidance for Businesses
On Sunday, March 22, Delaware Gov. John Carney issued modifications to his State of Emergency, ordering residents to stay home whenever possible and closing all non-essential businesses in response to COVID-19. Non-essential businesses can conduct the minimum necessary activities to facilitate employees of the business being able to work remotely or continue to work remotely from their residences.
Any agencies able to establish remote work options or with existing remote work options in place should be mindful of the challenges that telecommuting may impose under other state and federal laws, e.g., the FDCPA (for all third-party collectors), HIPAA (for medical debt collectors.) View the stay at home order, as well as a list of non-essential businesses and FAQ from the governor’s office for more information.
Earlier this month, the state issued guidance to businesses on COVID-19 including reviewing telework and flexible sick leave policies.
Indiana Governor Executive Order
Gov. Eric J. Holcomb issued an executive order for residents to stay in their homes except when they are at work or for permitted activities. The order is in effect from March 25 to April 7. Find more information on essential activities and workplaces here.
Louisiana Stay at Home Order and Business Guidance
Gov. John Bel Edwards issued a statewide Stay at Home order that goes into effect at 5 p.m. Monday, March 23. It will remain in effect until the end of the night Sunday, April 12. The order will also be re-evaluated to determine the need for an extension.
Financial services considered essential and covered by guidance from the U.S. Cybersecurity and Infrastructure Security Agency CISA include:
- Workers who are needed to process and maintain systems for processing financial transactions and services (e.g. payment, clearing and settlement; wholesale funding; insurance services; and capital market activities.)
- Workers who support financial operations, such as those staffing data and security operations centers.
Any business not covered by the guidance from the CISA discussed in section three of the order and not ordered to temporarily close must reduce operations to continue with minimum contact with members of the public and essential employees, while requiring proper social distancing, adhering to the 10-person limitation on gathering size.
Michigan “Stay Home, Stay Safe” Executive Order
Gov. Gretchen Whittmer is directing all Michigan businesses and operations to temporarily suspend in-person operations that are not necessary to sustain or protect life. The order also directs Michigan residents to stay in their homes unless they’re a part of that critical infrastructure workforce, engaged in an outdoor activity, or performing tasks necessary to the health and safety of themselves or their family, like going to the hospital or grocery store. This is in effect March 24 for at least the next three weeks.
Maryland Guidance for Businesses
Maryland Gov. Larry Hogan is urging residents to stay home and employers to promote work-at-home options as much as possible. Non-essential businesses are closing. View the order and list of businesses in the financial services industry here.
Massachusetts Order for Businesses and Organizations
Massachusetts Gov. Charlie Baker issued an emergency order requiring all businesses and organizations that do not provide “COVID-19 Essential Services” to close their physical workplaces and facilities to workers, customers and the public as of noon Tuesday, March 24 until noon Tuesday, April 7.
Financial services considered essential, also by the CISA guidance, include:
- Workers who are needed to process and maintain systems for processing financial transactions and services (e.g., payment, clearing, and settlement; wholesale funding; services; and capital markets activities);
- Workers who are needed to provide consumer access to banking and lending services, including ATMs, and to move currency and payments (e.g., armored cash carriers);
- Workers who support financial operations, such as those staffing data and security operations centers.
Businesses and organizations not on the list of essential services are encouraged to continue operations through remote means that do not require workers, customers, or the public to enter or appear at the brick-and-mortar premises closed by the order.
Here is the link to the detailed list of the many services and operations that are deemed essential for the next two weeks, which is based on federal guidance and amended to reflect the needs of Massachusetts’ unique economy.
The Division of Banks notes that all entities chartered and licensed by the Division are covered by the essential services list and therefore exempt from Gov. Baker’s March 23. declaration. Businesses and other organizations that provide essential services are urged to continue operations during the state of emergency, but to do so consistent with social distancing protocols.
You can read the governor’s press release with additional updates here. The latest information and guidance regarding COVID-19 is always available at mass.gov/COVID19.
Ohio Issues Stay at Home Order
Ohio’s Gov. Mike DeWine and the state’s Department of Health issued a Stay at Home order with requirements for essential and non-essential businesses. Members may refer to the following information for direction on essential businesses, which does include affiliates of financial institutions. (Emphasis added.)
- Workers who are needed to process and maintain systems for processing financial transactions and services (e.g., payment, clearing, and settlement; wholesale funding; insurance services; and capital markets activities)
- Workers who are needed to provide consumer access to banking and lending services, including ATMs, and to move currency and payments (e.g., armored cash carriers)
- Workers who support financial operations, such as those staffing data and security operations centers.
For clarity, according to the order, businesses, including home-based businesses may also continue operations consisting exclusively of employees or contractors performing activities at their own residences, such as working from home.
Oregon Division of Financial Regulation
Oregon Gov. Kate Brown issued an executive order with stay-at-home-requirements and for certain business closures. Businesses should facilitate temporary work from home or telework programs to the extent possible. The order is in effect until terminated by the governor. There is a temporary work from home authorization in place from the Oregon Division of Financial Regulation.
Any agencies in states where they are able to establish remote work options or with existing remote work options in place should be mindful of the challenges that telecommuting may impose under other state and federal laws, e.g., the FDCPA (for all third-party collectors), HIPAA (for medical debt collectors.)
The U.S. Cybersecurity and Infrastructure Security Agency has also issued an advisory guidance on essential and non-essential businesses for use by states, while they have the discretion to implement and execute response activities in communities under their jurisdiction.
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