Labor & Employment Law Update

New COVID-19 cases are surging in Illinois, and Illinois is ramping up more restrictions by instituting additional measures throughout the state. Generally, these measures have the objective of limiting gatherings and encouraging people to stay at home, but do not rise to the level of a stay-at-home order. Illinois’ Phase 4 remains in place with the following new restrictions:

1. Manufacturing (Implementation of safety guidelines): 
   • Additional COVID-19 training for all employees (even if previous training occurred)
   • Employers to coordinate with IDPH to implement testing protocols and contact tracing
   • Face coverings at all times, except for safety purposes
   • Only manufacturing staff and key personnel allowed in facilities
     • Non-production employees must work remotely
     • Non-essential staff and visitors are not permitted
     • Exemptions only for critical equipment repairs, supply deliveries and safety reasons (“critical visitors”)
   • All critical visitors must have an Employee Health and Safety (EHS)-approved risk-assessment done in advance, including travel history, tracking, and temperature check prior to entrance
   • Implement additional workstation realignment when feasible
   • Stagger and space shifts and entrances
   • Station sanitation required at beginning and ending of shifts
   • Suspension of COVID-19 incentive pay (promote staying home when sick or showing symptoms)
   • Implement temporary leave policies to accommodate sick workers
   • Develop and implement safety protocols for employee travel vans to promote spacing, require face coverings, temperature checks, air circulation, and vehicle sanitization
2. Bars/Restaurants (including private and country clubs)
   • Closed between 11 PM and 6 AM
   • Outdoor service only
     • Patrons, limited to groups of 6, should be seated at tables (6 feet apart)
     • No multiple parties at tables
     • Reservation required (no standing/congregating while waiting)
   • No service at bar
   • Indoor gaming terminals must suspend operations
3. Offices
   • All employees who can work remotely should do so
4. Retail Operations
   • Operation at 25% capacity for general merchandise stores, “big box” stores that offer groceries and pharmacy, and convenience stores
   • Operation at 50% for grocery stores and pharmacies may operate at up to 50% capacity
   • Curbside delivery and pickup options wherever possible
   • When in-store shopping is necessary, promote efficient trips and consistent circulation
5. Hotels
   • Occupancy limited to registered guests only
   • Fitness centers should be closed, or operated only on a reservation model, with capacity limited to 25% of the maximum occupancy for the room
   • Grab and go food allowed
   • Event and meeting space closed
6. Personal Care Services
   • Operate at lesser of 25 clients or 25% capacity
   • Face coverings required (suspension of facials, beard trims and other face services)
   • Physical, occupational and massage therapy allowed as deemed necessary by a medical provider:
     • Appointments must be spaced by a minimum of 15 minutes and facilities should take steps to sanitize and circulate clean air through service rooms before and after each service
   • Virtual consultations recommended
7. Health/Fitness Facilities
   • 25% capacity or less
   • No indoor group classes
   • Face coverings must be worn at all times, including while engaged in individual exercise regardless of person or machine spacing
   • Reservations required
   • Locker room areas to be closed
8. Meetings and Gatherings
   • Limit home gatherings to household members
   • No gatherings at meeting rooms, banquet centers, private party rooms, private clubs and country clubs
   • No party buses
   • Funerals are limited to 10 family members of the decedents, not including staff
9. Recreational and Sporting Activities (includes park districts and travel leagues)
   • Pause all indoor group sporting and recreational activities (youth and adult recreational sports)
   • Individual training may remain (with facility reservation)
   • Outdoor sports and recreation allowed, but limited to 10 persons or less with social distancing (no locker rooms)
   • Face coverings required for all activities at all times
10. Gaming, Theaters, Museums, and Indoor Amusement
    • Gaming and casinos closed
    • Indoor recreation centers, including theaters, performing arts centers and indoor museums and amusement centers closed
    • Live streaming of performances encouraged (social distancing of performers and minimum operational staff)
    • Outdoor activities (reservations required) allowed at 25% capacity or less
    • Outdoor group activities limited to 10 persons or less (participants must wear face coverings at all times)

Previously exempt functions (i.e. infrastructure, governments, logistics and warehousing etc.) may continue regular operations, but Illinois is encouraging voluntarily and proactive application of mitigation steps whenever possible.

As with all matters involving COVID-19, these mitigation measures are fluid and subject to change. We will continue to monitor and update as needed. For continued information regarding COVID-19 restrictions, visit Amundsen Davis’s COVID-19 Resource Center or contact a member of our task force here: https://www.salawus.com/practices-covid19-task-force.html