We whittled a complicated chart down to the essentials. Gov. Carney clarifies business closings.
See the governor's FAQs below the chart.
These are the businesses that have been closed by the governor's emergency order. Call an individual business if you are wondering if they are open:Remain Open? Industry Group Furniture and Home Furnishing Merchant Wholesalers No Miscellaneous Durable Goods Merchant Wholesalers No Apparel, Piece Goods, and Notions Merchant Wholesalers No Automobile Dealers No Other Motor Vehicle Dealers No Furniture Stores No Home Furnishings Stores No Clothing Stores No Shoe Stores No Jewelry, Luggage, and Leather Goods Stores No Sporting Goods, Hobby, and Musical Instrument Stores No Book, Periodical, and Music Stores No Department Stores No Other General Merchandise Stores No Office Supplies, Stationery, and Gift Stores No Used Merchandise Stores No Other Miscellaneous Store Retailers No Vending Machine Operators No School and Employee Bus Transportation No Charter Bus Industry No Scenic and Sightseeing Transportation, Land No Scenic and Sightseeing Transportation, Water No Scenic and Sightseeing Transportation, Other No Software Publishers Permitted to work from home only No Motion Picture and Video Industries No Sound Recording Industries No Cable and Other Subscription Programming No Other Information Services Permitted to work from home only
Lessors of Real Estate
Permitted to work from home and can do showings but no open houses, can do what is necessary to complete sales in final stages prior to state of emergency.No
Offices of Real Estate Agents and Brokers
Permitted to work from home and can do showings but no open houses, can do what is necessary to complete sales in final stages prior to state of emergency.Consumer Goods Rental No
Lessors of Nonfinancial Intangible Assets (except Copyrighted Works)
Permitted to work from home onlyNo Specialized Design Services No Permitted to work from home only Advertising and Related Services No Permitted to work from home only Office Administrative Services No Permitted to work from home only Business Support Services No Permitted to work from home only Travel Arrangement and Reservation Services No Permitted to work from home only Other Support Services No Permitted to work from home only Elementary and Secondary Schools No Only personnel necessary to support distance learning Junior Colleges No Only personnel necessary to support distance learning Colleges, Universities, and Professional Schools No Only personnel necessary to support distance learning Business Schools and Computer and Management Training No Only personnel necessary to support distance learning Technical and Trade Schools No Only personnel necessary to support distance learning Other Schools and Instruction No Education Support Services No Performing Arts Companies No Spectator Sports No Promoters of Performing Arts, Sports, and Similar Events No Agents and Managers for Artists, Athletes, Entertainers, and Other Public Figures No Independent Artists, Writers, and Performers No Amusement Parks and Arcades No Gambling Industries No Other Amusement and Recreation Industries Closed, except outdoor activities 71391, 71392, 71393 No Special Food Services No Drinking Places (Alcoholic Beverages) No Personal Care Services No Other Personal Services No Grantmaking and Giving Services No Social Advocacy Organizations No Civic and Social Organizations No
Gov. John Carney has provided guidance to help employers better understand modifications to his State of Emergency, which ordered Delawareans to stay at home whenever possible. It closed all non-essential businesses in Delaware to help fight the spread of COVID-19.
The most frequently asked questions and answers are provided below.Does the order require that I obtain any paperwork, either as an employer or an employee of an essential business, to clarify that status?
No, it does not, and no such paperwork is needed. A full list of essential industries can be found here. If your business activity is on that list, your business is permitted to remain open as long as it follows all necessary CDC guidelines for safety at this time.
My employer says our business is essential, do I still need to report to work?
Staffing questions should be addressed between employers and employees. As long as employers are following applicable guidelines on both leave and on the recent essential designation, then employees should handle any requests directly with employers.
How do I determine if my business is designated as essential?
The easiest way is to use the four-digit NAICS code associated with the business. If you are the owner of the business, you can locate your NAICS code by a) looking at your unemployment insurance forms, b) looking at your most recent tax returns, or c) searching Google for your industry followed by the term “NAICS code.”
If you are not the owner of your business, please contact your manager or other appropriate employment supervisor and ask them for clarification on the business status.
What happens if my business fails to comply with the order, either regarding our status as essential or non-essential, or with following CDC guidelines?
Failure to follow CDC guidelines will result in closure on an individual firm basis until the State of Emergency is lifted. Businesses who continue to operate even if they have been deemed non-essential will be given an initial grace if their failure to comply was done after a good faith effort to clarify their status, but those who do not comply and knowingly do so will be subject to civil and in some cases criminal penalties.
What if my business has multiple NAICS codes?
Follow the least restrictive code. If one code is deemed essential while others are not, the business should be considered essential unless further clarification has been given by the state to you directly or through an industry trade group.
Can I change my NAICS code to a code that is essential?
The NAICS code that should be used is the NAICS code that the business had for their most recent unemployment and/or tax filings prior to the issuance of the State of Emergency. A business classified as non-essential who changes or adds a NAICS code in order to fall under the essential category will be subject to the same civil and criminal penalties as a company that knowingly fails to comply with the order.