March 26, 2020

Update: It Is Still Not Business As Usual In Kentucky

Written By

MARCH 25, 2020, 7:30 P.M.

A Summary of Executive Order 2020-257, the “Healthy at Home” Order

On March 25, 2020, Kentucky Governor Andy Beshear signed Executive Order 2020-257, the “Healthy at Home” Order. The Healthy at Home Order is a follow-up to a series of Executive Orders issued by Governor Beshear in response to the outbreak of the COVID-19 virus (“Coronavirus”), a public health emergency, which Orders affect businesses in the Commonwealth and its citizens at large. To assist our valued clients and other friends of Stoll Keenon Ogden PLLC, below is a summary of the directives set out in Governor Beshear’s Healthy at Home Order.

(1) Kentuckians are encouraged to stay home and limit their in-person contact with others.

(2) Every Kentuckian should practice social distancing.

(3) All in-person work that is not necessary to protect or sustain life is prohibited.

(4) More specifically, effective March 26, 2020 at 8:00 p.m., all businesses that are not Life-Sustaining shall cease operations, except as needed to conduct Minimum Basic Operations.

(5) The prohibition of operations applies only to in-person operations and does not apply to virtual or telework operations.

(6) Life-Sustaining Businesses include those in the following sectors (see Executive Order 2020-257, Section 1, for specific categories of businesses identified within each of these sectors):

a. Businesses operating in the federal critical infrastructure sectors;
b. Life-sustaining retail and their administrative support operations;
c. Food, beverage, and agriculture manufacturing, production, processing, and cultivation;
d. Organizations that provide charitable and social services;
e. Newspaper, television, radio, and other media services;
f. Gas stations and businesses needed for transportation;
g. Financial services businesses;
h. Housing and building construction and maintenance businesses;
i. Mail, post, shipping, logistics, delivery, and pick-up services;
j. Laundry services;
k. Restaurants for consumption of food and beverage off-premises (carry-out, delivery, and drive-thru);
l. Businesses that sell, manufacture, or supply other Life-Sustaining Businesses with the support or materials necessary to operate;
m. Transportation providers;
n. Home-based care and services;
o. Professional services, including legal, accounting, insurance, real estate (must implement telecommuting and remote work to the fullest extent possible, and should only use in-person interaction to support Minimum Basic Operations or where telecommuting is impossible);
p. Manufacture, distribution, and supply chain for critical products and services in and for certain critical industries;
q. Critical labor union functions;
r. Hotels and motels (for lodging or delivery and carry-out food services);
s. Funeral services.

(7) “Minimum Basic Operations are the minimum necessary activities to maintain the value of the business’s inventory, preserve the condition of the business’ physical plant and equipment, ensure security, process payroll and employee benefits, facilitate telecommuting, and other related functions.”

(8) All in-person government activities at the state, county, and local level that are not necessary to sustain or protect life, or to support Life-Sustaining Businesses, are suspended.

(9) Nothing in the Stay at Home Order shall be construed to interfere with the lawful sale of firearms and ammunition.

(10) All businesses permitted to operate, including Life-Sustaining Businesses and businesses conducting Minimum Basic Operations, must follow these CDC guidelines (failure to follow the guidelines is a violation of the Healthy at Home Order, and could subject a violating business to closure or additional penalties authorized by law):

a. Maintain a distance of 6 feet between persons when possible;
b. Ensure employees practice appropriate hygiene measures, including regular, thorough handwashing;
c. Regularly clean and disinfect frequently touched objects and surfaces;
d. Permit employees to work from home when feasible;
e. Identify any sick employees and ask them to leave the premises (paid leave for these employees is strongly encouraged);
f. Post signs alerting all employees and patrons of the above guidelines.

(11) Evictions for residential premises for the duration of the State of Emergency shall cease (an individual’s obligation to pay rent, make mortgage payments, or comply with other obligations of tenancy or mortgage is not relieved).

(12) All prior Executive Orders issued in response to or regarding the Coronavirus shall remain in full force and effect, except to the extent they conflict with the Healthy at Home Order.

(13) The Healthy at Home Order shall remain in effect for the duration of the State of Emergency or until the Healthy at Home Order is rescinded by further Order or by law.

(14) Violations of the Healthy at Home Order or any prior Executive Orders issued in response to or regarding the Coronavirus are punishable as provided in KRS Chapter 39A.

Stoll Keenon Ogden understands that these are trying times for our clients and our Commonwealth. Our firm operations have continued uninterrupted and our attorneys are equipped to serve as we always have – for over 120 years.

If you would like to discuss any of Governor Beshear’s Executive Orders, the effects of the Coronavirus pandemic on your operations, or any other important matters, please do not hesitate to contact your trusted Stoll Keenon Ogden professional.

Please also be sure to check out the Stoll Keenon Ogden Coronavirus Resource webpage for additional articles and information related to the latest information on new laws and directives enacted by federal, state, and local governments in response to the Coronavirus pandemic.