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Volume X, Number 269

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Georgia Executive Orders Permits Re-Opening of Businesses

Georgia Governor Brian Kemp recently issued two Executive Orders: (1) Executive Order 04.20.20.01; and (2) Executive Order 04.23.20.02 (herein, collectively referred to as the Order), which amended the Governor’s prior shelter-in-place Order and subsequent amending orders

The Order permits the re-opening of certain businesses on a limited basis, subject to restrictions, while extending Executive Order 04.08.020.04, and the current shelter-in-place order for those individuals who meet the criteria for higher risk of severe illness, to expire at 11:59 p.m. on April 30, 2020, for 13 days, until Wednesday, May 13, 2020, at 11:59 p.m.

Friday, April 24, 2020 Openings

The Order permits gyms, fitness centers, bowling alleys, body art studios, barbers, cosmetologists, hair designers, nail care artists, estheticians, their respective schools and massage therapists to begin engaging in Minimum Basic Operations as of Friday, April 24, 2020.

Consistent with prior Orders, Minimum Basic Operations are limited to:

  • The minimum necessary activities to maintain the value of a business, establishment, corporation, non-profit corporation, or organization, provide services, manage inventory, ensure security, process payroll and employee benefits, or for related functions.

  • The minimum necessary activities to facilitate employees or volunteers being able to work remotely from their residences or members or patrons being able to participate remotely from their residences.

  • Instances where employees are working outdoors without regular contact with other persons, such as delivery services, contractors, landscape businesses, and agricultural industry services.

The Order also reiterates that businesses operating with only Minimum Basic Operations should implement measures to mitigate the exposure and spread of COVID-19 as outlined in previous Orders.

Monday, April 27, 2020 Openings

The Order permits restaurants, dining rooms of private social clubs, and theaters to re-open on Monday, April 27, 2020, on a limited basis, subject to new restrictions.

New Restrictions Related to Specific Businesses

The Order provides industry specific requirements and guidance for the following operations:

  • Restaurants and Dining Services;

  • Industry, Commerce, Organizations & Non-Profits including

    • Gyms and fitness centers;

    • Body art studios, estheticians, hair designers, massage therapists, tanning facilities;

    • Indoor movie theaters and cinemas;

    • Bowling alleys;

    • Persons working outdoors without regular contact with other persons, delivery services, landscape businesses and agricultural industry services;

  • Healthcare;

  • Education & Children;

  • County & Municipal Governments.

Enforcement

Any law enforcement officer, after providing reasonable notice and issuing at least two citations for violations of O.C.G.A. § 38-3-7, is authorized to mandate the closure of any business, establishment, corporation, non-profit corporation, or organization not in compliance with this Order for a period not to extend beyond the term of this Order.

The Order suspends enforcement of any county or municipal ordinance or order that is more or less restrictive.

©2020 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume X, Number 118

TRENDING LEGAL ANALYSIS


About this Author

Peter J. Andrews Local Government & Litigation Greenberg Traurig Atlanta, GA
Of Counsel

Peter J. Andrews focuses his practice on local government and litigation matters. He is experienced in advising both the legislative and executive sides of local government on various legal and procedural issues including public financing, redevelopment projects, procurements and land use matters. Peter is also experienced reviewing and preparing city ordinances and working with state legislature on city matters.

Prior to joining the firm, Peter was responsible for the management of finance and aviation teams in the City of Atlanta's Department of Law as the Deputy City Attorney....

678.553.2672
Justin K. Victor Labor & Employment Greenberg Traurig Atlanta, GA
Of Counsel

Justin K. Victor is a counselor and trial lawyer who has assisted clients in recovering over $100 million in complex civil litigation, including non-compete and trade secret matters in state and federal court.

Additionally, since 2015, he has defended claims on behalf of clients totaling more than $300 million. For example, Mr. Victor defends employers in class and collective actions arising under the FLSA and related state wage and hour laws; single-plaintiff claims of discrimination, harassment, retaliation, and/or constructive discharge brought in state and federal courts and administrative agencies. Mr. Victor also defends executives and board members in direct actions and class actions arising under state and federal law.

In addition to an active litigation practice, Mr. Victor counsels employers of all sizes in the design and implementation of employment policies, practices, proactive audits, and workplace training.

While attending Emory University School of Law, Mr. Victor was selected as the inaugural William C. O’Kelley Scholar and was also the recipient of a Dean’s Merit Scholarship.

Concentrations

  • Non-compete and trade secret litigation
  • Internal investigations
  • Corporate Governance advising and litigation
  • Class and Collective action employment litigation
  • Wrongful termination litigation
678-553-2169
Christopher Walker Litigation Greenberg Traurig Atlanta, GA
Associate

Christopher Walker focuses his practice on general litigation, administrative and constitutional law, government affairs, legal compliance and ethics, alcohol and business licensing and media law. He has broad experience in representing local governmental entities in civil rights and constitutional causes of action, petitions for writ of certiorari, petitions for writ of mandamus and petitions for injunctive relief in federal and state courts. Prior to joining the firm, Chris worked for the City of Atlanta where he conducted all aspects of civil litigation at the trial and appellate stage...

678.553.1114