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Volume X, Number 298

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Indiana Moves to Stage 5 of Reopening Plan; Masks Still Required

Indiana Governor Eric Holcomb announced Indiana’s reopening will progress to Stage 5 effective September 26, 2020. Marion County will not progress to Stage 5.

This decision follows Indiana’s continued progress toward reducing the transmission of COVID-19. As of September 22, 2020, Indiana’s seven-day positivity rate hovered around 4% — an improvement from the July average of 6.5%.

Under Stage 5, restaurants, bars, and nightclubs are allowed to operate at full capacity, although social distancing must be observed and bar customers must be seated. Personal services, gyms, fitness centers, and workout facilities also may resume normal operations at full capacity. Additionally, indoor and outdoor venues are permitted to open at full capacity, provided organizers of events including more than 500 people submit a written plan to the local health department.

Governor Holcomb also extended the statewide face mask order for the duration of Stage 5. In a press conference on September 23, 2020, Governor Holcomb said Indiana’s positivity rate, which is just shy of 4%, is proof that the mask mandate is having its intended effect. Stage 5 and the face mask order will remain in effect until October 17, 2020.

Marion County

Mayor Joe Hogsett released Public Health Orders 31-2020 and 32-2020 outlining the County’s plan beginning September 28, 2020. Under these Orders, outdoor bar and restaurant seating will be fully reopened with indoor seating at 50% capacity. Gyms and fitness studios may also operate at 50% capacity. Indoor religious services may operate at 75% capacity with no limits for outdoor seating. Additionally, assisted living facilities are permitted to resume indoor visitation.

Under Public Health Order 32-2020, all K-8th schools are permitted to open 100% in-person learning. High schools will be permitted to attend 100% in person once the positivity rate for Marion County is 5% or lower and the daily number of new cases is 35 or lower for two weeks. These measures were put in place following Centers for Disease Control and Prevention (CDC) guidance on what the positivity rate and daily infection rates should be in a moderate risk scenario.

Reopening orders contain extensive requirements creating compliance issues that can vary significantly depending on the specific state or local jurisdiction. Jackson Lewis attorneys are closely monitoring updates and changes to legal requirements and guidance and are available to help employers weed through the complexities involved with state-specific or multistate-compliant plans.

(Law clerk Cheyna Galloway contributed significantly to this article.)

Jackson Lewis P.C. © 2020National Law Review, Volume X, Number 274
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About this Author

Brian McDermott, Jackson Lewis, Employment litigation
Principle

Brian L. McDermott is a Principal in the Indianapolis, Indiana, office of Jackson Lewis P.C. His practice focuses on workplace training and representation of employers in labor and employment litigation.

Mr. McDermott has dedicated his legal career of more than 25 years to representing private and public employers in individual, class, and collective employment actions, including cases involving: the FMLA, the ADA, Title VII, the ADEA, ERISA, the FLSA, the NLRA, covenant not to compete matters, trade secret matters, state wage laws, and wrongful discharge...

317-489-6930
Dorothy McDermott, Employment litigation lawyer, Jackson Lewis
Principle

Dorothy (“Dottie”) D. Parson McDermott is a Principal in the Indianapolis, Indiana, office of Jackson Lewis P.C. She concentrates her practice in the defense of civil rights and employment-related claims, as well as ERISA and non-ERISA employee benefits matters, including bad faith and breach of contract claims.

Ms. McDermott defends employers and management in federal and state courts and before administrative entities (EEOC, Indiana and U.S. Department of Labor, and similar state agencies) in matters ranging from ADA, ADEA, COBRA, FMLA, Title VII, Section 1981, the Indiana Wage Payment and Claims statutes, covenant not to compete/trade secret, and wrongful termination claims. Additionally, Ms. McDermott participates in internal FLSA audits on behalf of employers, and the defense of FLSA class action litigation. She also advises employers and management on human resource issues, reductions in force, employee handbooks, policies, severance agreements, EEO training, and workplace violence prevention restraining orders. Ms. McDermott also leads internal corporate investigations regarding claims of sexual harassment and discrimination. She also provides analysis and guidance regarding drug testing laws and medical marijuana/marijuana-related legislation impacting employers in numerous states across the United States.

317-489-6940
Robert Frederick Seidler Jackson Lewis Employment attorney
Principal

Robert Frederick Seidler is a Principal in the Indianapolis, Indiana, office of Jackson Lewis P.C. He advises employers on compliance with state and federal labor regulations and represents management in labor and employment litigation.

Mr. Seidler conducts workplace training, seminars, and other engagements to assist employers of all sizes in navigating the labor law regulatory environment. In addition to legal representation in employment litigation, he also advises employers on the development of documents, contracts, and agreements including employee...

317-489-6930
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