Q: My employer is in possible violation of the Governor Executive Order 202.6.

A: I am not sure what your question is? Executive orders are unlike legislative acts. For example, when an employer violates a legislated act such as the Labor Law, there are sometimes provisions where a private attorney general action may be maintained by an attorney and their client with specified damages for prevailing parties which sometimes include prevailing party attorney's fees which are paid by the non-prevailing party.

I did not read such provisions within the COVID-19 executive order. Did you?

If you do not report for work and do not show symptoms of COVID-19 or are not living with someone who has been diagnosed with COVID-19, of course you need to get tested were that the case, then will you have a defense for either abandonment of work or insubordination if you are denied unemployment.

Caveat: I do not know the specific industry you work in nor the specific facts of your case nor whether your employer might fit into several exemptions within that order so the best thing might be not to go against how your employer interprets that order. Your employer may face penalties or a fine for violating the order and that's their problem. You may lose your job and potentially unemployment benefits which would be your issue because the DOL might not allow you to testify as an expert on how the executive order applies to your employer unless you own the business or are a legal expert.