Labor & Employment Law Update

Our blog previously reported on various state and local social distancing and shelter-in-place orders including California, Pennsylvania and Illinois.

The State of Missouri mandated social distancing and restrictions on social gatherings and closed all schools. The City of St. Louis and St. Louis County  have each issued separate stay at home orders for residents and businesses. Below are  brief summaries and links to the actual orders.

Missouri’s Social Distancing Order

Governor Parsons ordered “Social Distancing” across the entire Show-Me State and his order remains in effect through April 6, 2020. All Missouri residents are to avoid social gatherings of more than 10 people and “social gathering” is defined as any “planned or spontaneous event or convening” that brings more than 10 people “in a single space at the same time.” While all Missouri residents must avoid eating in and drinking at restaurants, bars and food courts; food drive-thru, curbside pickup and delivery remain unrestricted.

Visits to nursing homes, long-term care facilities and retirement homes are prohibited, and schools have been closed for the duration of the order.

Missouri residents may travel to grocery stores, pharmacy, gas stations, park and banks, etc. to secure supplies, however, necessary precautions to maintain social distancing to reduce the transmission of COVID-19, including a six feet of distance between all individuals that are not family members

St. Louis County Stay At Home Order

St. Louis County’s order remains in effect through April 22, 2020 and imposes a variety of “stay at home” restrictions on individuals and businesses.

Individuals:  Individuals are permitted to engage in defined “essential activities” including travel and actions related to health and safety of individuals and family members, shopping for groceries and household supplies, outdoor activities such as walking in the park (provided social distancing is observed), and going to and from work for an essential business. Otherwise, all individuals in St. Louis County have been ordered to remain in their residence. Other than members of the same household gathering in one place, all intentional “gatherings,” which is defined as “occasions when people come together as a group, whether formal or informal and whether public or private,” are prohibited. Any individuals performing essential activities are still required to comply with social distancing requirements. 

Businesses:  Only essential businesses are permitted to continue necessary activities, however, each must comply “to the maximum extent possible” with all social distancing requirements. There are at present 40 categories of essential businesses including health care operations, grocery stores, food production, media, hardware stores, hotels/motels, construction, laundry services, mailing/shipping services, trades like plumbers and electricians and professional services like attorneys and accountants.  In fact, if your business meets the essential business definition, the St. Louis County order “strongly encourages” you to remain open.   

If your business is not an essential business, the order requires you to “cease all activities” except for minimum basic operations (maintaining inventory, payroll processing) and facilitating employees to work remotely from home.  

Travel:   Travel is prohibited except for essential travel and travel necessary to engage in essential activities. Essential travel includes any travel related to essential activities and travel to care for elderly, minors or dependents, purchase goods from essential businesses, travel to and from a residence or place of work outside of the county.

Governmental Functions: Public parks and open outdoor recreation areas are to remain open, but playgrounds must be closed. All individuals directly supporting  law enforcement, emergency response, firefighting and emergency management personnel, court personnel and anyone else performing essential government functions are also exempt.

Enforcement: The order may be enforced by either the prosecuting attorney or the county counselor which was specifically delegated authority to “take appropriate actions” with businesses and individuals who fail to comply including “after offering notice and an opportunity to be heard that are reasonable under the circumstances” (not to be less than two hours’ notice).

St. Louis City “Stay At Home” Order

The Saint Louis City’s order remains in effect through April 22, 2020 and mandates all persons living in the city to remain at home, with four exceptions:

• Performing “tasks essential” for “health and safety” including for the personal health and safety of family, household members and pets, obtaining medicine, medical supplies, supplies to work from home or visiting health professionals
• Procuring or delivery of food, services or supplies for individuals, household members or others to maintain “safety and sanitation.”
• Outdoor walking or exercise, provided you maintain a minimum 6 foot social distance from other individuals
• Going to and from work, where allowed by the order.

Businesses are required to cease all activities other than to maintain the value of their inventory, provide security and process payroll, etc. Similar to St. Louis County’s order, the city’s order exempts a wide range of businesses, nonprofits and institutions from closure and for other businesses and organizations the order significantly restricts or closes their operations.  For the complete text of the city’s order, please click here.