On August 8, 2020, President Donald Trump signed one executive order and three memorandum regarding various forms of economic relief in response to the COVID-19 pandemic. This is in contrast to what many have reported; that all were executive orders.
An executive order is directed to, and govern actions by, federal government officials and agencies, and must cite the legal authority the president has to issue it. Executive orders, according to the Library of Congress, have the force of law if their topic “is founded on the authority of the President derived from the Constitution or statute.”
Contrasting this, an executive memorandum is similar, but is not required by law to be reported in the Federal Register, and does not need to cite the legal authority the president has to issue it.
Congress has indicated that it will be on recess for the rest of August; as such, it is unlikely that Congress will pass a new economic stimulus package before September. Due to potential judicial challenges, it is unknown which parts of these Presidential actions will be implemented, so check back frequently for further updates.
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California has required employers to “indemnify” employees for “necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties, or of his or her obedience to the directions of the employer” in substantially the same terms since 1937 under Labor Code § 2802.
