United States:
Minnesota Governor Walz Gradually Eases COVID-19 Business Restrictions
22 March 2021
Ogletree, Deakins, Nash, Smoak & Stewart
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On March 12, 2021, Minnesota Governor Tim Walz dialed back
Minnesota's COVID-19-related restrictions by issuing Emergency Executive Order (EO) 21-11,
"Adjusting Limitations on Certain Activities and Taking Steps
Forward." Most provisions of the executive order went into
effect on March 15, 2021, and relate to activities outside of the
home, including relaxing restrictions on specific businesses (e.g.,
restaurants, bars, indoor gyms, and entertainment venues).
Notably, Executive Order 21-11 contains a big shift as of April
14, 2021, by changing the compulsory language of "employees
who can work from home, must work from home" to permissive
language. More specifically, starting at 11:59 p.m. on April 14,
2021, "employers are strongly encouraged to allow
employees who can work from home to continue to work from
home." [Emphasis added.] Further, the order states that
employers are "strongly encouraged to implement reasonable
accommodations for at-risk employees or employees with one or more
members of their household who have underlying medical conditions
and are not yet eligible for vaccination."
Executive Order 21-11 further notes that the protections in Emergency Executive Order 20-54 related to
workplace safety and unsafe work conditions "remain in full
force and effect." According to Executive Order 21-11,
"[a]ll work must be conducted in a manner that adheres to
Minnesota [Occupational Safety and Health Administration] standards
and [Minnesota Department of Health] and [U.S. Centers for Disease
Control and Prevention] Guidelines, including social distancing and
hygiene practices."
Additional significant provisions of the executive order are
listed in the table below.
Type of Business |
Updated Restrictions |
- Restaurants, bars, and other
food establishments
|
- For indoor spaces, "occupancy
must not exceed 75 percent of the normal occupant capacity, with a
maximum of 250 people, provided that physical distancing . is
maintained."
- Outdoor space occupancy is limited to
ensure adequate social distancing and may not exceed 250
people.
- On March 31, 2021, at 11:59 p.m.,
businesses "with indoor space and sufficient normal occupant
capacity may exceed 250 people indoors in accordance with the
applicable percentage limitations and guidance available on the Stay Safe Minnesota
website." For seated establishments, occupancy is limited
to 3,000 people. Likewise, businesses "with outdoor space and
sufficient normal occupant capacity may exceed 250 people outdoors
in accordance with the applicable limitations and guidance
available on the Stay Safe Minnesota website." However,
"[t]otal outdoor occupancy must not exceed 10,000
people."
- "All establishments must ensure
that no more than six customers are seated at one table."
- "All establishments must close
and remain closed each day for on-premises consumption between the
hours of 11:00 pm and 4:00 am." According to the executive
order, this restriction "is [not] intended to limit or
discourage delivery service, window service, walk-up service, or
drive-up service."
|
Indoor gymnasiums, fitness centers, recreation centers,
indoor sports facilities, etc. |
- "[O]ccupancy of any indoor space
and the entire facility must not exceed 50 percent of the normal
occupant capacity and must not exceed 250 people in the entire
facility."
- However, starting at 11:59 p.m. on
March 31, 2021, "indoor spaces with sufficient normal occupant
capacity may exceed 250 people in accordance with the applicable
percentage limitations and guidance available on the Stay Safe
Minnesota website." In addition, total occupancy for indoor
spaces "must not exceed 1,500 people."
- Social distancing must still be
maintained in accordance with guidance on the Stay Safe
website.
- Face coverings must still be
worn.
|
Entertainment venues |
- Social distancing must be
maintained.
- Face coverings must be worn.
- "[O]ccupancy must not exceed 50
percent of the normal occupant capacity and must not exceed 250
people."
- However, starting at 11:59 p.m. on
March 31, 2021, "venues with indoor space and sufficient
normal occupant capacity may exceed 250 people indoors in
accordance with the applicable percentage limitations and guidance
available on the Stay Safe Minnesota website." In addition,
total indoor occupancy may not exceed 3,000 people for seated
venues and 1,500 people for non-seated venues.
- In addition, starting at 11:59 p.m.
on March 31, 2021, "venues with outdoor space and sufficient
normal occupant capacity may exceed 250 people outdoors in
accordance with the applicable percentage limitations and guidance
available on the Stay Safe Minnesota website." Total outdoor
occupancy may not exceed 10,000 people.
- "[V]enues are encouraged to
offer drive-in or drive-through experiences."
- Finally, "any venue that offers
food or beverages for on-premises consumption or that permits food
or beverages to be consumed on premises must not offer food or
beverage service each day between the hours of 11:00 pm and 4:00
am."
|
Finally, Executive Order 21-11, like other executive orders, has
some teeth to encourage compliance. The executive order provides
that the Minnesota Department of Labor and Industry (DLI) "may
issue citations, civil penalties, or closure orders to places of
employment with unsafe or unhealthy conditions, and DLI may
penalize businesses that retaliate against employees who raise
safety and health concerns." Further, EO 21-11's
enforcement provision states that "[a]ny business owner,
manager, or supervisor who requires or encourages any of their
employees . to violate this Executive Order is guilty of a gross
misdemeanor" and may be "punished by a fine not to exceed
$3,000 or by imprisonment for not more than one year."
Notwithstanding the above, Minnesota employers may want to
carefully consider their options before recalling their remote
workforces. Doing so may open up a business to potential liability
given the additional workplace safety obligations businesses will
have to follow as well as the above-mentioned regulatory
scrutiny.
Originally Published by Ogletree Deakins, March
2021
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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