Goldberg Kohn

Illinois' Latest Stay-At-Home Order Places New Requirements On Essential Business Employers

Illinois businesses that continue to operate during this COVID-19 pandemic need to be aware that Governor Pritzker's most recent stay-at-home executive order, which can be found here, has a number of new requirements that businesses must follow.  These requirements include:

  • All businesses that have employees physically reporting to work must post in their workplace this guidance, from the Illinois Department of Health.

  • All businesses that continue to operate as an essential business must evaluate which employees are able to work from home, and are encouraged to facilitate remote work from home when possible.

  • All retail stores designated as essential businesses shall to the greatest extent possible:

    • provide face coverings to all employees who are not able to maintain a minimum six-foot social distance at all times;

    • cap occupancy at 50 percent of store capacity, or, alternatively, at the occupancy limits based on store square footage set by the Department of Commerce and Economic Opportunity, which can be found here;

    • set up store aisles to be one-way where practicable to maximize spacing between customers and identify the one-way aisles with conspicuous signage and/or floor markings;

    • communicate with customers through in-store signage, and public service announcements and advertisements, about the social distancing requirements set forth in the Order (Social Distancing Requirements); and

    • discontinue use of reusable bags.

  • All manufacturers that continue to operate as an essential business must follow social distancing requirements and take appropriate precautions, which may include:

    • providing face coverings to all employees who are not able to maintain a minimum six-foot social distance at all times;

    • staggering shifts;

    • reducing line speeds;

    • operating only essential lines, while shutting down non-essential lines;

    • ensuring that all spaces where employees may gather, including locker rooms and lunchrooms, allow for social distancing; and

    • downsizing operations to the extent necessary to allow for social distancing and to provide a safe workplace in response to the COVID-19 emergency.

Businesses that continue to operate should also ensure that they continue to comply with any local regulations or ordinances, and with OSHA guidance on safe workplace conditions, which can be found here.

If you have questions regarding these new requirements and recommendations, please contact a Goldberg Kohn Labor and Employment attorney.

May 5, 2020

Questions? Please Contact:

Meredith Kirshenbaum

Jon Klinghoffer

David Morrison

Michael Sullivan

Labor & Employment Practice Group

The material in this client alert is based on information existing at that time. It should not be construed as legal advice or legal opinions based on any specific set of facts. The information in this publication is not intended to create, and the transmission and receipt of it does not constitute, an attorney-client relationship.

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