Trevor James
On March 28, 2020, the California Association of Realtors received an advisory memo from the U.S. Department of Homeland Security, deeming realtors essential workers. This memo was issued in response to the COVID-19 pandemic and the resulting state of emergency in Ventura County. While realtors were initially considered non-essential, the classification was changed to address California's ongoing housing crisis. However, realtors' status as essential workers has been subject to change, with some counties excluding real estate services as essential. As the COVID-19 vaccines became available, the prioritization of essential workers varied across jurisdictions, and it is unclear whether realtors were included in the early phases of vaccine distribution. While some real estate firms mandated vaccines for their employees, others left it as a personal choice, especially given the remote work nature of the industry.
| Characteristics | Values |
|---|---|
| Are realtors considered essential workers in California? | Yes, as of March 28, 2020, per an advisory memo from the U.S. Department of Homeland Security. |
| Were realtors always considered essential workers in California? | No, their status changed multiple times in March 2020. |
| Are realtors prioritized for vaccination in California? | No specific information found. However, essential workers in healthcare and LTCFs, food and agriculture, public safety, education and childcare, and janitorial and maintenance occupations were prioritized for vaccination before any age group except those over 65. |
| Are realtors required to get vaccinated in California? | No specific information found. However, some real estate companies in the U.S. are mandating vaccinations for their employees. |
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What You'll Learn
Realtors deemed essential workers in California
On March 19, 2020, California's governor issued a statewide order requiring people to stay at home but allowed businesses deemed essential to operate. Real estate services were not specifically listed, and agents were unclear on whether they could continue working. In the absence of clear guidance, many agents pulled listings from the Multiple Listing Service (MLS) and limited or canceled showings.
On March 28, the California Association of Realtors received an advisory memo from the U.S. Department of Homeland Security, deeming realtors essential workers. The memo stated that residential and commercial real estate, including settlement services, were now considered an essential service in California, falling under the category of residential and shelter facilities and services.
Ronda Newport, President of the Bakersfield Association of Realtors, commented that the change allowed them to complete transactions, but it was "not business as usual" and remained restrictive. Newport also believed that the decision to classify realtors as essential workers was made to address California's ongoing housing crisis.
Despite the change, the California Association of Realtors urged agents to use caution and check with local regulations. Agents were recommended to practice social distancing and limit face-to-face activities, with open houses prohibited.
In Ventura County, realtors went from non-essential to essential and back to non-essential within a 12-day period in March 2020. On April 9, the county once again amended its stay-at-home order, adding real estate services as essential but with restrictions. Agents could work with clients, but virtual viewings were prioritized, and in-person viewings were limited to appointments with no more than two visitors from the same household.
According to a study on COVID-19 vaccine distribution in Los Angeles County, approximately 27.4% of the total LAC population were estimated to be essential workers. Essential workers in healthcare, long-term care facilities, food and agriculture, public safety, education, and janitorial occupations were prioritized for vaccines before any age group except those over 65 and people with qualifying health conditions.
While Latinos, Blacks, and Asians were more likely to be essential workers, their marginal gains in vaccine uptake due to their essential worker status were similar to those of Whites.
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Vaccine prioritisation for essential workers
In March 2020, a state of emergency was declared in Ventura County, California. Initially, real estate agents were unclear on whether they qualified as essential workers and many cancelled showings and pulled listings. However, on March 28, the California Association of Realtors received an advisory memo from the U.S. Department of Homeland Security, deeming realtors essential workers. This was to address the ongoing housing crisis in California.
Despite this, realtors in California have experienced fluctuations in their essential worker status. For example, on April 9, Ventura County amended its stay-at-home order to include real estate services as essential, but with restrictions. However, by April 10, realtors were deemed non-essential again.
In terms of vaccine prioritisation, the CDC defines "essential workers" as those who conduct operations in essential industries to ensure the continuity of critical functions in the U.S. The CDC recommended a phased allocation of COVID-19 vaccines, with Phase 1a including healthcare personnel and long-term care facility residents, Phase 1b including those aged 75 and above, and frontline essential workers, and Phase 1c including essential workers not recommended in Phase 1a or 1b.
In LA County, essential workers in healthcare, long-term care facilities, food and agriculture, public safety, education and childcare, and janitorial and maintenance occupations were made eligible for vaccines before any age group except those over 65. However, despite prioritisation, Latinos, Blacks, and Asians experienced greater marginal gains in vaccine uptake due to their essential worker status, but these did not significantly differ from that of Whites.
In California, it is estimated that 27.4% of the total LAC population are essential workers. While some real estate firms have mandated COVID-19 vaccines for their employees, others have not, citing the personal choice of their workers. Overall, the prioritisation of essential workers in California has been a dynamic process, with varying levels of vaccine uptake across different racial and ethnic groups.
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Real estate firms' vaccine mandates
In California, the status of real estate agents as essential workers has been somewhat ambiguous during the pandemic. Initially, real estate services were not listed as essential businesses in the state's stay-at-home orders. However, on March 28, 2020, the Department of Homeland Security (DHS) added "residential and commercial real estate services" to their list of essential businesses. Despite this, agents were advised to exercise caution, follow local regulations, and limit face-to-face activities.
In Ventura County, specifically, the orders shifted back and forth, with real estate services being deemed non-essential on April 10, 2020, after previously being included. The county's orders also stipulated restrictions for agents who were allowed to work, recommending virtual appointments and limiting in-person visits to two individuals from the same household.
As for vaccine mandates in the real estate industry, there has been a varied response from firms. Some companies, such as Related Cos., a New York-based real estate firm, mandated that its 4,000 employees receive at least one shot of the vaccine by August 31, 2021, or face termination. This policy extended to about 3,000 service workers in their commercial and residential buildings. Colliers International, a commercial real-estate-services and brokerage firm, also required employees to be vaccinated or submit to weekly testing, respecting individual choices while prioritizing the safety of their professionals and clients.
On the other hand, Avison Young, a commercial real-estate firm with 50 offices in the US, encouraged employees to get vaccinated but did not mandate it. Similarly, Berkshire Hathaway HomeServices, a brokerage franchise network with 1,500 offices, did not comment on their vaccine mandate policies.
While there is guidance from the U.S. Equal Employment Opportunity Commission (EEOC) stating that employers can require employees to be vaccinated, brokers and firms must navigate this new gray area carefully. They must be prepared to handle exception requests and implement accommodations for legitimate reasons, such as medical issues or religious beliefs. Additionally, employers must ensure that any vaccination requirements are applied lawfully and do not treat employees differently based on disability, race, color, gender, age, or other protected characteristics.
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CDC's definition of essential workers
The CDC's definition of essential workers is based on the U.S. Department of Homeland Security's Cybersecurity and Infrastructure Security Agency's (CISA) guidance. CISA has published four versions of an advisory list that identifies essential critical infrastructure workers. This list has been widely applied as the best national definition of essential workers in research studies.
The CDC's interim list identifies "essential workers" as those who conduct a range of operations and services in industries that are essential to ensure the continuity of critical functions in the United States. The list categorizes workers based on the industry type of business in which they work, not based on their specific job or occupation.
The Advisory Committee on Immunization Practices (ACIP) has recommended a phased allocation of COVID-19 vaccines, with Phase 1a including healthcare personnel and long-term care facility residents, Phase 1b including frontline essential workers, and Phase 1c including other essential workers not included in the previous phases.
It is important to note that the categorization of essential workers may vary across different jurisdictions, as local needs, economic factors, and infrastructure considerations may require the inclusion of industries not listed by CISA.
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Essential workers and racial/ethnic equity
Essential workers in California have had a tumultuous time during the pandemic. Real estate agents, for example, have gone from non-essential to essential and back again in a matter of days. This uncertainty has left realtors unsure of their legal standing and ability to operate.
The state of California prioritized essential workers for early access to COVID-19 vaccines due to their heightened occupational risk. However, racial and ethnic groups most impacted by COVID-19 are overrepresented among essential workers. Latinos, Blacks, and Asians were more likely to be essential workers than Whites. While prioritizing essential workers was intended to reduce racial/ethnic disparities in vaccine uptake, it did not provide proportionally greater early vaccine uptake benefits to these groups.
Additional factors, such as access and trust, need to be considered to achieve greater equity in vaccine distribution. For example, Black Americans are more likely to be essential workers due to racial capitalism, and they face barriers to accessing vaccinations due to misinformation and historical mistrust of the American medical system. They are also more likely to live in crowded, multigenerational households, making it difficult to self-isolate and increasing their risk of contracting COVID-19.
Furthermore, essential workers in the food and agriculture industry, where people of color make up the majority, earn the lowest median hourly wage of $13.12. This is compared to the median hourly wage of non-essential workers, which is higher at $15.33. Nearly 70% of essential workers do not have a college degree, and three in ten have some college education or a high school diploma.
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Frequently asked questions
Yes, on March 28, 2020, the California Association of Realtors received an advisory memo from the U.S. Department of Homeland Security, deeming realtors essential workers.
Realtors were allowed to resume work, but with restrictions. They could work with clients, provided that appointments and other residential viewings were virtual. If virtual viewings were not feasible, realtors could conduct in-person viewings with no more than two visitors at a time, both of whom must reside in the same household.
No, Exit Realty, one of the biggest brokerage franchises in the country, said its offices never closed.
There are no state-mandated vaccination requirements for realtors in California. However, individual companies may have their own policies. For example, Related Cos., a New York-based real estate firm with offices in Los Angeles, required its employees to receive at least one shot of the vaccine by August 31, 2021, or be fired.
On September 10, 2021, President Joe Biden announced that employers with more than 100 in-person employees must require vaccines or weekly testing. It is unclear how this will apply to realtors, as they are mostly independent contractors.
