21 Apr Legal Alert #3 – Indiana Executive Order 20-08
A quick look at the basics of the Executive Order
The Stay-At-Home Order (Executive Order 20-08, the “Order”) takes effect Tuesday, March 24 at 11:59 p.m. ET. The Order applies to the entire state of Indiana. Unless your business is deemed an essential business or you are doing an essential activity, you must stay home. The Order in mandatory. The Indiana State Police will work with local law enforcement to enforce this order. The Indiana State Department of Health and the Alcohol and Tobacco Commission will enforce the restaurant and bar restrictions. Essential businesses will remain open during the Order’s effective period to provide services that are vital to the lives of Hoosiers. Law enforcement will not be stopping drivers on their way to and from work, traveling for an essential activity such as going to the grocery store, or just taking a walk.
Prohibited Activities
All public and private gatherings of any number of people that occur outside of a single household or living unit, are hereby prohibited, except, however, for the limited purposes permitted by the Order. Any gathering of more than ten (10) people is hereby prohibited, unless exempted by the Order. All places of public amusement are closed, as are fitness and exercise gyms, spas, salons, barber shops, and tattoo parlors.
Essential Business and Operations
Leaving home to perform work providing essential products and services are permitted. Essential businesses or operations includes:
- Hospitals, physician and dental offices
- Veterinary care
- Grocery stores and pharmacies
- Production agriculture
- Gas stations and auto repair shops
- Banks
- Insurance companies
- Hardware stores
- Building, construction, and other trades,
- Shipping and logistics
- Laundromats and dry cleaners
- Restaurants for Consumption Off-Premises
- Providers of supplies for essential businesses
- Home-based care services
- Funeral services
- Real estate services
Other Business not Deemed Essential
Non-essential business may still engage in certain activities, which include the following:
- Activities to maintain the value of the business’s inventory, preserve the condition of its physical plant and equipment, and ensure security, process payroll and employee benefits
- Activities to facilitate employees of the business being able to continue to work remotely from their residences.
Social Distancing and Other On-Site Requirements
Business must take proactive measures to ensure compliance with the Social Distancing Requirements, including, where possible, the following:
- Designate Six-Foot Distances (designating with signage, tape or by other means, six-feet of spacing for employees and customers in line to maintain appropriate distance)
- Hand Sanitizer and Sanitizing Products (having hand sanitizer, and sanitizing products, readily available for employees and customers)
- Separate Operating Hours for Vulnerable Populations (implementing separate operating hours for the elderly and vulnerable customers)
- Online and Remote Access (posting online whether a facility is open and how best to reach the facility and to continue services by phone or remotely)
All businesses, including those deemed essential, are ordered to take the following actions:
- Allow as many employees as possible to work from home
- Actively encourage sick employees to stay home until they are free of fever (without the use of medication) for at least 72 hours AND symptoms have improved for at least 72 hours AND at least seven days have passed since symptoms first began
- Ensure that your sick leave policies are up to date, flexible, and non-punitive
- Separate employees that have acute respiratory illness symptoms from other employees and send them home immediately
- Reinforce key messages, such as those about staying home while sick and hand washing, in prominent places
- Perform frequent environmental cleanings of commonly-touched surfaces
We have been through difficult times before; in time, this too will pass.
All of us at Eagle & Fein, P.C. continue to be available to provide you guidance and support. We are well connected electronically and are available for VVFMs – Virtual Virus Free Meetings. Please reach out with any follow up questions by e-mail or phone.
The best always to stay safe and healthy.