Requirements for Essential Businesses & Operations to Remain Open

March 26, 2020

With all of the government orders, news releases, and postings, it is good to circle back on what is required of Essential Businesses and Operations if they stay open. You should always refer to the Safer At Home Order for the specific language.

1. Essential Businesses and Operations Must Do The Following Under The Safer At Home Order:

  • Use technology to avoid meeting in person to the greatest extent possible, including virtual meetings, teleconference, and remote work (i.e., work from home). This includes “Professional Services” such as legal or accounting services, insurance services, and real estate services.
  • Discontinue all door-to-door solicitation, regardless of its purpose or the businesses status as an Essential Business or Operation.
  • Comply with Social Distancing Requirements as defined in the Order. This includes ensuring to the greatest extent possible that both employees and members of the public are maintaining six-foot social distancing, including but not limited to any customers that are standing in line. Under the Order, the Social Distancing Requirements include maintaining social distancing of six feet between people; washing hands with soap and water for at least 20 seconds as frequently as possible or using hand sanitizer; covering coughs or sneezes (into the sleeve or elbow, not hands); regularly cleaning high-touch surfaces; not shaking hands; and following all other public health recommendations by DHS and the U.S. Centers for Disease Control.
  • Avoid entering residential premises if you are a landlord or rental property manager unless emergency maintenance is required.
  • Follow DHS guidelines when taking any action permitted under this order, to the extent possible: https://www.dhs.wisconsin.gov/covid-19/index.htm
  • Comply with DHS guidelines if you are an Essential Businesses performing Minimum Basic Operations:  https://www.dhs.wisconsin.gov/covid-19/employers.htm

2. Written Response Plans Are Encouraged

There have been questions relating to whether a “Response Plan” is required. At this point, we do not believe they are required. The Wisconsin Economic Development Corporation is encouraging businesses to follow best practices to develop a COVID-19 Response Plan.  The best practices can be found here.

3. There Are A Number of Other Requirements and Guidance For Employers.

This is not an exhaustive list, but here are additional links to some other federal and state agencies that include requirements and guidance for Employers.

Keep checking back at the Axley Resource Page for updates.

For more information about "Requirements for Essential Businesses & Operations to Remain Open," contact Robert C. Procter at rprocter@axley.com or 608.283.6762.