What Counts as “Essential Business” in Today’s COVID-19 Environment?

In Business Tips, Business Transactions by Don KochersbergerLeave a Comment

Recently the Governor of New Mexico issued a stay at home instruction for New Mexicans.   https://cv.nmhealth.org/2020/03/23/state-enacts-further-restrictions-to-stop-spread-including-stay-at-home-instruction/  The order lists what types of businesses have been deemed “essential business” but falls short of offering much detail other than that.   The fact of the matter is many businesses provide products and services that their owners/managers certainly believe to be essential in today’s stay-at-home environment.  However, business owners/managers are lacking a clear endorsement from the government supporting the necessity of their continuing operations.  Since there are potential fines and citations at stake with operating a business that the government may deem non-essential, it is both helpful and wise to seek out the opinion of a legal expert to determine the “essentialness” of your business, based on the specific laws governing your situation.  In New Mexico, that means the guidelines enacted by the Governor, as well as possibly additional guidelines from other government bodies.

Business Law Southwest is offering a flat fee analysis of New Mexico businesses so that owners can feel confident that they are operating within the boundaries of current laws pertaining to the present Covid-19 national emergency.  Our process works as follows:   One of our attorneys will evaluate your business based on its function and within the context of current ordinances governing the restrictions on businesses currently in effect.  Should our lawyer conclude that they feel that your business meet the criteria of being “essential”, and that some/all of your employees are needed to fulfill that essential function, we will produce an Essential Infrastructure Document for your eligible employees to document our determination.   Should an eligible employee be stopped or questioned by law enforcement, or your business location targeted as a potential violator, the document will serve to inform these authorities that your business has been evaluated by a properly licensed and experienced business attorney and their legal opinion concludes your current operation meets the essential criteria established by the relevant law(s).

There is, of course, no guarantee that law enforcement will agree with our legal assessment. Regardless, the document will certainly convey that you, as the business owner/manager, had no intention to violate any laws or ordinances, consulted with an attorney on the matter, and take your business responsibilities seriously

The service is provided a flat fee of $169.99 to evaluate one business, and for one employee or class of employee, and an additional $39.99 for the evaluation of each additional employee or class of employee. 

Contact us today if you have concerns about your business operations under the “Stay at Home Order” in New Mexico.

We are all in this together and we are here to help.

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