January 27, 2021

Volume XI, Number 27

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Minnesota to Enter Phase III of Reopening Plan

Governor Tim Walz continues Minnesota’s march to reopen businesses by implementing Phase III of the state’s Stay Safe Plan. Under the Plan, first identified in Executive Order 20-74, Minnesota will enter Phase III on June 10, 2020.

While the new order increases occupancy for many businesses and allows others to reopen, as with all the previous orders, any worker who is able to work from home must continue to do so.

Under previous executive orders, Governor Walz allowed certain industries to reopen, provided the businesses complied with certain requirements. 

The new order made the following changes:

  • Personal Care Services/Salons – Increase occupancy to 50 percent of the normal occupant capacity.
  • Restaurants and Bars –
    • Open for indoor and outdoor service.
    • Occupancy for indoor space cannot exceed 50 percent of the normal occupant capacity, up to 250 people.
    • For outdoor space, continue to ensure at least six feet of distance between tables, employees, and traffic patterns, and occupancy cannot exceed 250 people.

All business in these industries must continue to abide by applicable guidance and requirements imposed previously.

Additionally, all critical sector businesses must develop and implement a COVID-19 Preparedness Plan by June 29, 2020, in accordance with applicable industry guidance. Additional industry guidance will be posted to the Stay Safe Minnesota website on or before June 15, 2020.

Under Governor Walz’s new order, the following businesses may open in Phase III if they follow the specified requirements:

  • Gyms, Studios, and Fitness Centers –

    • Develop and implement a COVID-19 Preparedness Plan.

    • Ensure at least six feet of distance between persons and equipment. Maintain a greater distance for treadmills and other activities with high exertion.

    • Maximum occupant capacity limited to no more than 25 percent, but not to exceed 250 persons for indoor and outdoor settings.

    • Encourage workers and patrons to wear masks.

    • Establish a regular disinfection routine and train workers.

    • Only permit group exercise classes where at least six feet of distance can be maintained, and physical contact is not permitted.

  • Indoor Events, Entertainment, and Recreation Venues –

    • Develop and implement a COVID-19 Preparedness Plan.

    • Ensure at least six feet of distance between persons.

    • Maximum occupant capacity limited to no more than 25 percent, but not to exceed 250 persons.

    • Encourage workers and customers to wear masks.

  • Indoor and Outdoor Pools – Must abide by state industry guidance.

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Jackson Lewis P.C. © 2020National Law Review, Volume X, Number 160
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About this Author

Gina K. Janeiro, Employment Labor Attorney, Jackson Lewis Law firm
Office Managing Principal

Gina K. Janeiro is Office Managing Principal of the Minneapolis, Minnesota, office of Jackson Lewis P.C. She is certified as a Labor and Employment Law Specialist through the Minnesota State Bar Association.

Ms. Janeiro practices in all aspects of employment law and advises and represents clients in the areas of discrimination and harassment, disability management, employment contracts, wage and hour compliance, commission claims, noncompetition litigation, drug testing law, defamation, whistleblower and in closely-held corporation and partnership disputes. Ms...

612-359-1766
Jennifer A. Nodes Principal Minneapolis Financial Services
Principal

Jennifer A. Nodes is a Principal in the Minneapolis, Minnesota, office of Jackson Lewis P.C. She devotes her practice exclusively to counseling management in a wide variety of employment matters and litigating employment claims before administrative agencies and state and federal courts.

Ms. Nodes's litigation practice includes the defense of employers in single and multi-plaintiff actions in state and federal court on claims of discrimination, sexual harassment, breach of contract, retaliation, non-competes and protection against unfair competition, family...

612-341-8131
Hadley M. Simonett Associate Minneapolis
Associate

Hadley M. Simonett is an Associate in the Minneapolis, Minnesota, office of Jackson Lewis P.C.

While attending law school, Ms. Simonett was awarded the Minnesota Bar Association Law Student Award for Excellence in Employment Law and recognized for her dedication to public service. She served as an editor of the Minnesota Journal of International Law, and President of the Student Employment and Labor Law Association from 2017-2019. She also participated in the Mediation Clinic, completing the 30-hour civil mediation training and becoming Minnesota Rule...

612-787-3505
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