Insights
Client Alert: Impact of Governor DeWine's Stay-at-Home Order for Businesses
By Matthew G. Vansuch on March 22, 2020
Governor Mike DeWine and Director of Health Dr. Amy Acton have issued an order requiring all Ohioans to stay at home unless they are “essential.” Governor DeWine and Director Acton have been very proactive in the fight to minimize the effect of the Coronavirus on the State, urging Ohioans to practice social distancing and to minimize non-essential trips out of their homes. They have not been afraid to order a number of types of business to shut down.
So, in that respect, today’s stay-at-home order is not unexpected. What is somewhat surprising is how the State is defining an “essential” employer and individual. Unlike Pennsylvania, where the general rule was that most industries were considered “non-essential,” Ohio has adopted a very broad definition of what is considered “essential,” such that a large swathe of our economy is not being shut down by executive order. The full list is available here.
Companies and individuals that violate the stay-at-home order (and any other order issued by Dr. Acton) can be subject to criminal penalties under Revised Code Chapter 3701. If you are unsure of whether your business is considered essential, please contact your Brouse attorney. They may need to contact the local board of health for a definitive ruling to ensure that you are in compliance before the order goes into effect at 11:59 pm on Monday evening.
Being considered “essential” does not excuse an employer from following the basic mandates of social distancing and disease prevention that are outlined in the order. These include the 6-foot distances, providing hand sanitizing products for employees and customers, and providing operating hours for vulnerable populations. Essential employers should also consider taking the temperatures of their employees (see Labor & Employment Alert: Handling the COVID-19 Pandemic - March 13, 2020).
Governor DeWine and Director Acton have not taken any action to suspend the basic workers-compensation structure and immunity that is afforded to complying employers. We will provide more updates as they become available.
So, in that respect, today’s stay-at-home order is not unexpected. What is somewhat surprising is how the State is defining an “essential” employer and individual. Unlike Pennsylvania, where the general rule was that most industries were considered “non-essential,” Ohio has adopted a very broad definition of what is considered “essential,” such that a large swathe of our economy is not being shut down by executive order. The full list is available here.
Companies and individuals that violate the stay-at-home order (and any other order issued by Dr. Acton) can be subject to criminal penalties under Revised Code Chapter 3701. If you are unsure of whether your business is considered essential, please contact your Brouse attorney. They may need to contact the local board of health for a definitive ruling to ensure that you are in compliance before the order goes into effect at 11:59 pm on Monday evening.
Being considered “essential” does not excuse an employer from following the basic mandates of social distancing and disease prevention that are outlined in the order. These include the 6-foot distances, providing hand sanitizing products for employees and customers, and providing operating hours for vulnerable populations. Essential employers should also consider taking the temperatures of their employees (see Labor & Employment Alert: Handling the COVID-19 Pandemic - March 13, 2020).
Governor DeWine and Director Acton have not taken any action to suspend the basic workers-compensation structure and immunity that is afforded to complying employers. We will provide more updates as they become available.
Share Article Via
