On Sunday at 2:00 p.m., Governor DeWine issued a stay-at-home order (the “Order”), to take effect 11:59 p.m. Monday, March 23, 2020, and continuing through April 6, 2020.
The Order is attached below, and can be found here:
All businesses must close their facilities if they are not deemed Essential Businesses and Operations (“EBOs”) Home-based businesses may continue to operate, and employees may work from home. Businesses required to close are limited to Minimum Basic Operations (“MBOs”) during the pendency of the Order. Additionally, persons employed at EBOs or MBOs may travel as necessary to maintain these functions.
What is an Essential Business and Operation?
Businesses that do not fall within the EBO category, i.e. MBOs, are non-essential, and limited to minimum operations. MBO functions include maintaining inventory, physical plant and equipment, as well as minimum functions necessary to facilitate remote work.
Social Distancing Requirements
All businesses must follow Ohio’s Social Distancing Requirements. These are: (i) designate 6-foot distances by tape, signage, etc. for employees and customers in lines to stay apart, (ii) have hand sanitizer readily available for employees and customers, (iii) establish separate operating hours for elderly and customers vulnerable to COVID-19,
and (iv) post online whether the facility is open and how to conduct business by phone or remotely.
Violations & Remedies
The Ohio Department of Health has jurisdiction to enforce the Order, with potential second-degree misdemeanor charges. Of potential greater importance, if an employee or customer is infected as a proximate result of a violation, a business risks claims of negligence per se.
NOTE: This post will be updated periodically. Please check back or contact your business attorney for further information. Cavitch will remain open, and attorneys will remain available to answer your questions via email, phone, or other virtual means of communication, and provide further information for the duration of this crisis. Contact Cavitch at 216-621-7860.