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Indiana Counties Enact and Extend Face Covering Requirements

Highlights

  • St. Joseph County extends COVID-19 regulations until Sept. 7, 2020.
  • Elkhart adopts a public health order requiring face coverings where six feet of separation cannot be maintained unless there is health exception.
  • Businesses in Elkhart must require face coverings, revise their COVID-19 continued operations plans, and post Elkhart’s public health order at all entrances.

On June 29, the St. Joseph County Department of Health issued Public Health Order 2-2020, following up on Public Health Order 1-2020. This local public health order in St. Joseph County, Indiana, extends previous guidelines in reopening businesses, which took effect May 4, to apply through Sept. 7. 

Get the details of the St. Joseph County public health order from our previous coverage.

Elkhart County Enacts Face Covering Requirements

The Elkhart County Health Department issued its own local public health order June 29 as well. Public Health Order No. 01-2020 establishes guidelines for businesses and individuals beginning June 30. 

Regulations for Businesses

Businesses must require employees to wear a face covering when six feet of physical distance between the employee and someone from outside their household cannot be ensured. Employees are not required to wear a face covering when: 

  • A person is in a personal office (a single room)

  • Others outside of that person’s household are not present, can maintain at least six feet of distance, or are otherwise separated by a physical barrier (i.e. plexiglass)

  • The public does not have open access (i.e. without an appointment) to visit the room

Additionally, businesses must update their COVID-19 continued operations plan, currently required under Section 5.b of Governor Eric J. Holcomb’s Executive Order 20-32, to require face coverings consistent with Public Health Order No. 01-2020. Finally, businesses must post copies of Public Health Order No. 01-2020 at all available entrances in both English and Spanish

Enforcement

Neither St. Joseph’s Public Health Order 2-2020 nor Elkhart’s Public Health Order No. 01-2020 authorize punishment of an individual who does not comply with the orders. Elkhart County confirmed no individual will be stopped, detained, issued a citation, arrested, intimidated, or harassed for not complying with the order.

© 2020 BARNES & THORNBURG LLPNational Law Review, Volume X, Number 183

TRENDING LEGAL ANALYSIS


About this Author

Michael Palmer Barnes Labor and Employment Litigation Law Attorney Thornburg Law Firm South Bend and Grand Rapids
Partner

Michael Palmer is a partner in the South Bend, Indiana and Grand Rapids, Michigan offices of Barnes & Thornburg LLP. He primarily represents private and public sector employers in all aspects of labor and employment law. Mr. Palmer also devotes a portion of his practice to fair housing issues.

In his labor and employment practice, Mr. Palmer handles union-related issues, employment litigation, general employment counseling, and immigration compliance. In union-related matters, he represents management in union organizing campaigns and...

574-237-1135
Of Counsel

Christopher represents clients in state and federal court; regularly interacting with clients to advance their case and motivating opposing parties to resolution, when and if necessary. When resolution is possible, he zealously advocates for his client’s position and drafts settlement, release and conciliation agreements consistent with the terms his clients require.

As demonstration of his skill in advocating for his clients, he drafted a significant summary judgment motion in an 18-count complaint, which included Fair Housing Act, breach of fiduciary duty and breach of the Illinois Condominium Property Act claims. The court granted summary judgment in favor of his client on all counts. 

Christopher also regularly represents clients before administrative agencies, preparing position statements on behalf of businesses in response to charges of discrimination with the Equal Employment Opportunity Commission, Illinois Department of Labor, Pennsylvania Human Relations Commission, and Delaware Department of Labor. He is skilled at preparing and presenting clients for mediations and fact-finding conferences before state employment administrative agencies.

While at Notre Dame Law School, Christopher served as an extern with the university’s NCAA compliance office, where he reviewed contracts for multiple Notre Dame athletics programs and advised on legal and compliance issues. 

Christopher is not regularly admitted to practice in the state courts of Indiana.

COURT ADMISSIONS

  • U.S. District Court for the Central District of Illinois
  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the Northern District of Indiana
574-237-1106
Jeanine Gozdecki, Barnes Thornburg Law Firm, South Bend, Labor and Employment Law Attorney
Partner

Jeanine M. Gozdecki, a partner in the firm’s Labor & Employment Department, has spent 25 years representing, counseling and advocating for her business clients in virtually all aspects of the employment relationship. Ms. Gozdecki is recognized by the Best Lawyers in America for her employment law work and was recognized as "Lawyer of the Year" in 2013.

Ms. Gozdecki partners with her clients to develop strategies, assess risks and solve problems. She works behind the scenes to manage significant employment challenges, including...

574-237-1277
Janilyn Brouwer Daub Labor & Employment Attorney
Partner

Janilyn Daub defends employers in labor and employment litigation in federal and state courts, as well as before various governmental agencies, such as the OFCCP, EEOC and NLRB. She is dedicated to helping her clients with the legal issues that arise when managing a workforce, navigating them through the challenges they face while seeking to mitigate future problems and liability.

With a practice that is national in scope, Janilyn frequently advises clients on issues related to affirmative action plans, including plan preparation and defense of Office of Federal Contract Compliance...

574-237-1139
Teresa A. Maginn Labor & Employment Attorney Barnes & Thornburg South Bend, IN
Of Counsel

From 1996-2001, Teresa was the Assistant Vice President and Counsel for the University of Notre Dame, Office of the General Counsel. During her time with the university she provided advice on issues related to employment discrimination and harassment, employment policies and procedures, wage and hour issues, employee benefit plans, workers' compensation, and disability accommodation issues. She was also involved in dispute resolution via participation in settlement negotiations and arbitrations; drafting and negotiating release agreements; engaging in contract negotiations of virtually all...

574-237-1172