On March 25, 2020, Minnesota Governor Tim Walz signed Emergency Executive Order 20-20, Directing Minnesotans to Stay at Home (the “Executive Order”). Beginning on Friday, March 27, 2020 at 11:59 p.m. through Friday, April 10, 2020 at 5 p.m., all persons currently living within the State of Minnesota are ordered to stay at home or their place of residence except to engage in the activities and critical sector work set forth in the Executive Order.
Pursuant to the Executive Order, workers that are identified in the U.S. Department of Homeland Security issued Guidance on the Essential Critical Infrastructure Workforce: Ensuring Community and National Resilience in COVID-19 Response (“CISA Guidance”), are exempt from the stay at home order. The CISA Guidance is available at the following link:
The Executive Order includes additional categories of critical sectors that are exempt from the stay at home order. The Executive Order is available at the following link:
https://www.leg.state.mn.us/archive/execorders/20-20.pdf
You can also determine whether you may be exempt from the stay at home order by searching for your industry description or 4-digit NAICS industry code at the following link:
https://mn.gov/deed/assets/naics-critical-list_tcm1045-424829.pdf
If an employee qualifies for an exemption, and they cannot work from home, then they can leave home to work. Note that the Executive Order requires all employees who can work from home to do so, even if they are eligible for an exemption. If an employee does not qualify for an exemption, then they must remain at home pursuant to the Executive Order.
If a business is permitted to remain open, the following guidance has been issued from OSHA on preparing workplaces for Covid-19:
https://www.osha.gov/Publications/OSHA3990.pdf
Lastly, if an employee is unable to work for reasons related to Covid-19, additional paid leave benefits may be available to the employee pursuant to the Families First Coronavirus Response Act. A summary of the new paid leave benefits can be found at the following link:
– Steven M. Cerny, Esq., Santi Cerny, PLLC