On April 30, 2020, Governor Pritzker signed Executive Order 2020-32 (COVID-19 Executive Order No. 30) (the “Revised Order”), extending Illinois’ stay-at-home mandate through May 29, 2020. While the Revised Order extends many of the provisions in previous Executive Orders, six key changes and new provisions affect the operations of businesses and their employees going forward:
All individuals over two years of age are required to wear a mask or cloth face covering when in a public place or workplace if they are unable to maintain a minimum of six-foot social distance. The face covering must shield the mouth and nose, unless some medical condition makes an individual unable to wear such a covering.
Businesses must now provide employees working on-site with face coverings when six feet of social distancing is not possible at all times. Employers must provide appropriate personal protective equipment (PPE), where work circumstances require.
The Revised Order imposes a new requirement that all businesses where employees are physically present post the guidance from the Illinois Department of Public Health (IDPH) in their workplaces. Other updated social distancing and sanitary requirements also apply, including, for example, marking with signage or tape 6-foot spacing to aid employees and customers in maintaining appropriate distance between each other, and regularly cleaning high touch surfaces, among other things. These requirements can be found here.
The Revised Order allows for non-essential retail stores to be re-opened, for the limited purposes of fulfilling online and telephonic orders, provided that social distancing and face covering/PPE requirements are followed to the greatest extent possible by customers and employees.
Retail stores remaining open as “essential” businesses must:
Comply with the requirement to provide face coverings to employees who are not able to maintain six-foot social distancing at all times;
Cap store occupancy at 50 percent of store capacity. Alternatively, stores may cap occupancy at five customers per 1,000 square feet of store floor space. Stores may choose to impose stricter occupancy limits;
Set up one-way aisles and provide signage or floor markings so designating, when practicable. Front, back, and middle aisles within a store are excluded from this requirement;
Post signs reminding customers of the face-covering requirement. The Illinois Department of Commerce and Economic Opportunity (DCEO) encourages stores to respectfully remind customers of the face-covering requirement if not in compliance; and
Discontinue customer use of reusable bags.
Additional details from the DCEO regarding the store occupancy and one-way aisle requirements can be found here.
Manufacturers continuing to operate as “essential” businesses must:
Comply with the requirement to provide face coverings to employees who are not able to maintain six-foot social distancing at all times;
Take appropriate social distancing precautions as much as possible, including staggering shifts, reducing line speeds, and operating only essential lines; and
Effect other downsizing1 to the extent necessary to allow social distancing in workplace.
If you have questions regarding how any of the provisions of Illinois’ Stay-at-Home Order may affect your operations, please contact the authors listed below. Foley has created a multi-disciplinary and multi-jurisdictional team, which has prepared a wealth of topical client resources and is prepared to help our clients meet the legal and business challenges that the coronavirus outbreak is creating for stakeholders across a range of industries. Click here for Foley’s Coronavirus Resource Center to stay apprised of relevant developments, insights and resources to support your business during this challenging time. To receive this content directly in your inbox, click here and submit the form.
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1 The term “downsizing” is used, but not defined in, the Revised Order, but we do not interpret it as requiring layoffs or terminations, but rather adjusting occupancy within a workplace to meet the business’s needs under the circumstances and within the spirit of the intentions of the Revised Order (e.g., to effectuate reasonable and necessary measures to protect public health).
