Emergency Order #8: Required Face Mask Poster for Customers and Visitors

Public Health Madison and Dane County (PHMDC) released another important update to Emergency Order #8. PHMDC is now requiring that all businesses post PHMDC’s Face Masks Required for Customers and Visitors sign at any entrances of their building(s). This is designed to clarify that the PHMDC mask mandate applies to all customers and visitors, as well as employees, other than those who may have a qualifying disability. This requirement is effective immediately and is included under section 4(i) of Emergency Order #8. This new, required sign appears to replace PHMDC’s prior Face Masks for Customers Required sign which was encouraged, but not required, in Emergency Order #8.

We want to remind employers once again of the other existing and required PHMDC postings and policies:

The Lake Effect team will continue to monitor important updates such as these from Dane County and other counties across the state. Please keep watching for blogs and emails from us for important legal updates and HR best practices. Contact us at info@le-hrlaw.com or 1-844-333-5253.

Milwaukee Cares Mask Ordinance Effective July 16, 2020

Building Owners and Operators Responsible for Ensuring Compliance

Effective tomorrow, July 16, 2020, the Milwaukee Cares Mask Ordinance will require Milwaukee residents age 3 and older to wear face coverings in indoor public places and outside whenever they are within 6 feet of other people who do not live in their households. The ordinance provides some exceptions, including for:

  • children under the age of 3
  • persons with certain health conditions or disabilities
  • persons obtaining or rendering services such as dental services or medical treatments, where it is not feasible to wear face coverings
  • persons whose religious beliefs prevent them from wearing face coverings
  • persons present in government facilities closed to the public, institutions of higher education, and other public and private schools or childcare facilities that have a mitigation strategy approved by the Commissioner of Health
  • circumstances where it is necessary to verify an individual’s identity

The Milwaukee Cares Mask ordinance is unique in that it holds building owners and operators responsible for ensuring compliance. Any building owner or operator who permits a person to violate the ordinance in their public building is subject to fines of $50-$500 and may face license revocation or closure by the Milwaukee Health Department, which is charged with enforcing the ordinance. The ordinance also specifies that a building owner/operator has the right to refuse entry or service to any person who fails to comply with the face covering mandate.

Dane County’s mask mandate requiring that all individuals 5 and older wear face coverings in every indoor space has been in effect since July 13, 2020. See our blogs on PHMDC Emergency Order #8 for specifics on that mandate.

The Lake Effect team will continue to monitor important updates such as these from counties across the state. Please keep watching for blogs and emails from us for important legal updates and HR best practices. Contact us at info@le-hrlaw.com or 1-844-333-5253.

PHMDC Emergency Order #8: Clarifications

We have some important clarifications of the mask requirements under Public Health Madison and Dane County (PHMDC) Emergency Order #8. During the Madison Chamber of Commerce’s Lunch (UP)date: Moving Forward with Forward Dane on July 9, 2020 (click link to see the webinar video), Chamber President Zach Brandon and various members of the PHMDC leadership provided important clarifying information about the mask requirements:

  • Employees must wear masks “whenever they could come in contact with others,” regardless of the distance between them. This means that even if employees are 6 or more feet apart in an office, workplace, or warehouse, they must wear masks because they could come in contact with one another. (See minutes 10:30 – 15:30)
  • If employees occupy individual offices or are alone in a conference or other room with a closed door and close the door, they may remove their masks. Organizations should establish a policy that if an employee’s or conference room’s door is closed, other employees should knock and request entry, then the employee inside can “mask up” and grant the other employee access.
  • Employees in cubicles need to wear a mask at all times, regardless of social distancing because they may come in contact with others by moving around their workspace or while others are walking past. The same holds true for employees who work significant distances apart in a warehouse or manufacturing facility, as they may come in contact with others at any time. (See minutes 10:30 – 15:30)
  • Employers must provide each employee with at least one (1) mask that covers the employee’s mouth and nose snugly. PHMDC anticipates this will be a cloth mask. If the employee loses or damages the mask, it is the employee’s responsibility to replace the mask. An employee may also wear their own mask if it satisfies the fit and coverage requirements by snugly covering the nose and mouth. Importantly, the PHMDC staff noted that face shields are not a substitute for masks, as they have been shown to provide insufficient protection. (See minutes 16:00 – 18:00)
  • If an employee indicates that they are unable to wear a mask due to having an ADA-qualifying disability, the employee must provide medical documentation to support that request. Then, following the customary ADA Interactive Dialogue Process, the employer and employee should engage in discussion to determine a reasonable accommodation. It is not a reasonable accommodation to be in the workplace without a mask. A reasonable accommodation may be to allow the employee to work remotely, to assign new job duties or location, or to provide Family Medical Leave. (See minutes 33:00 – 34:00)
  • If an employee refuses to comply with the mask order for other than an ADA-qualifying reason, the employer should remind staff of the PHMDC Order. If the employee still refuses, the employer may send the employee home without pay and follow the normal process to discipline an employee who fails to comply with your workplace rules. (See minutes 18:30 – 19:30)
  • If a customer/client refuses to wear a mask, a business owner may initially ask if the person is unable to wear a mask due to a disability and then must engage in an interactive discussion of accommodation of policies. This does not mean the customer can enter without a mask, it means that the business owner and customer develop a reasonable accommodation and provide alternate service such as bringing the product or food curbside, provide it to go, deliver the product to their home, etc. If the customer declines the reasonable alternative, that satisfies the interactive process and the business can refuse entry. In the unfortunate event that the discussion becomes confrontational, the business may contact authorities. (See minutes 24:00 -29:30)

The Lake Effect team will continue to monitor important updates such as these from Dane County and other counties across the state. Please keep watching for blogs and emails from us for important legal updates and HR best practices. Contact us at info@le-hrlaw.com or 1-844-333-5253.

Dane County Public Health Emergency Order #8

Addendums to this post:

Emergency Order #8: Required Face Mask Poster for Customers and Visitors

PHMDC Emergency Order #8: Clarifications


Starting Monday, July 13 at 8:00 a.m., individuals over 4 years old must wear a mask when inside and around people they do not live with under Public Health Madison and Dane County (PHMDC) Emergency Order #8. PHMDC also launched a webpage dedicated to providing additional information about the new order and face masks generally.

Most of the requirements in Emergency Order #7 remain in place. However, there are two important changes for employers:

  • All individuals age 5 or older must wear a face mask (or other face covering) that covers their nose and mouth
    • This face covering requirement applies when individuals are:
      • In any enclosed building where other people, except people who live together, could be present
      •  In line to enter any indoor space
      • In any public transportation, paratransit vehicle, taxi, private car service, ride-sharing vehicle, or any other vehicle for hire
    • Individuals may remove their face covering:
      • While eating or drinking
      • When communicating with an individual who is deaf or hard of hearing, and communication is impossible through other means
      • While obtaining a service that requires the temporary removal of a face mask
      • If necessary to confirm their identity
      • When a federal or state law prohibits the face covering
    • The following individuals are exempt from the requirement to wear a face covering:
      • Individuals who cannot wear a face mask due to government safety guidelines that apply to their work
      • Individuals with a medical condition, mental health condition, or disability that prevent them from wearing a face covering
    • Organizations can, but are not required to, post PHMDC’s model “masks required” sign
  • Employers must revise their required protective measure policy
    • Organizations are required to implement hygiene, cleaning, and protective measure policies. Emergency Order #8 only changes the protective measure policy, which now must ensure:
      • Individuals are at least six feet from others whenever possible
      • Employees are provided with and wear face coverings at all times when indoors
        • Note: This means employers must provide masks to their Dane County employees.
    • Note that employers are required to document that employees receive, acknowledge, or are trained on the policy. For example, an email with the revised policy sent with read receipt likely satisfies this requirement. If you would like to schedule a meeting with us to discuss the policy requirements, prepare a customized policy and/or training for your organization, please contact us.

Violations of this order are considered ordinance violations and are enforceable by any local law enforcement official. PHMDC has created a new complaint team that will evaluate and address complaints.

The Lake Effect team will continue to monitor important updates such as these from Dane County and other counties across the state. Please keep watching for blogs and emails from us for important legal updates and HR best practices. Contact us at info@le-hrlaw.com or 1-844-333-5253.

Dane County Public Health Emergency Order #7

In response to the recent spike in the number of positive COVID-19 cases, Public Health Madison and Dane County (PHMDC) released Emergency Order #7 on July 1, 2020. This new order is effective July 2 at 8:00 a.m.

Determining that “planned phases are no longer useful,” PHMDC has also revised its Forward Dane plan. Dane County is in a rebound stage under the new Forward Dane. PHMDC will continue to monitor the same nine metrics but is modifying, at least for now, how and when the county re-opens.

The primary changes in Emergency Order #7 are:

  • Employers must post PHMDC’s Workplace Requirements for Employers and Workers guidance in a prominent location where all employees may view and access. If employees are working remotely, this may require emailing the poster to employees or posting it on an internal network.
  • Outdoor mass gatherings are limited to 25 people.
  • Indoor mass gatherings on any property are limited to 10 people.
  • Group fitness classes and all sports activities are under the restrictions for mass gatherings. They are therefore limited to 25 people outdoors and 10 people indoors, not including employees.
  • Indoor seating capacity at restaurants has been reduced to 25%.
  • Bars are prohibited from any indoor seating but may offer takeout service and outdoor seating.
    • Restaurant and bar seating continues to be restricted to tables 6 feet apart and limited to 6 people who are in the same household.
  •  Summer school classrooms are limited to no more than 15 students who are 12 years old or younger, and no more than 25 students who are 13 years old or older.

Emergency Order #7 has not changed the requirements that employers develop compliant workplace hygiene, cleaning, and protective measure policies, and document their employees’ receipt, acknowledgment, or training on the policies. If you would like to schedule a meeting with us to prepare a customized policy and/or training for your organization, please contact us.

Please see Forward Dane and the accompanying legal requirements set forth in Emergency Order #7 for details applicable to your industry. Below is a summary of Emergency Order #7.

Mass Gatherings

  • The following limited mass gatherings are permitted as long as people maintain physical distancing of at least 6 feet
    • Inside with up to 10 people, not including employees
    • Outside with up to 25 people, not including employees
  • Mass gatherings include concerts, festivals, fairs, parades, movies, performances, shows, trainings, meetings, conferences, sporting events, group fitness classes, and sports activities for children and adults
    • Note that group fitness classes and all sports activities have been added to the definition of mass gatherings
    • Religious services are not mass gatherings
    • Drive-in movie theaters or other drive-in activities are not mass gatherings

Child Care, Youth, Education, Libraries, Public Spaces, and Sports

  • Childcare facilities must restrict groups and classrooms to no more than 15 children if the children are 12 years or younger, or no more than 25 children if the children are at least 13 years old
    • There should be no interaction between the groups or classrooms, and staff interaction between groups must be limited to the greatest extent feasible
  • Public playgrounds and splash pads are open, but physical distancing must be maintained
  • Public courts and fields are open, but physical distancing must be maintained
    • Games for low-risk sports – as defined in the order – are allowed if physical distancing is maintained
    • Games between teams for medium and high-risk sports – as defined in the order – are not allowed, but games within a team for medium and high-risk sports are allowed if physical distancing is maintained
    • All sports activities are subject to the mass gathering restrictions (25 people outdoors, and 10 people indoors)
  • K-12 schools may open for in person instruction and extracurricular activities if schools create, distribute, and implement the required hygiene, cleaning, and protective measure policies with their staff; and develop and implement a written action plan for a COVID-19 outbreak with certain items outlined in the order.
  • Continuing education and higher education institutions must maintain physical distancing to the greatest extent possible; may determine policies for safe operation; and must adopt strict policies to ensure safe living conditions before opening dorms and other congregate living situations

All Businesses, Libraries, Community Centers, and Religious Entities

  • Capacity must be limited to 50% of approved capacity level
    • See this guide to determining capacity level
    • This does not apply to restaurants and bars – see below
  • Organizations must implement required hygiene, cleaning, and protective measure policies, and document that employees receive and acknowledge, or are trained on, these policies
  • Employers must post PHMDC’s Workplace Requirements for Employers and Workers guidance in a prominent location where all employees may view and access it
  • Organizations must limit staff and customers on site, and continue to facilitate remote work to the greatest extent possible, including offering virtual services, meetings, and and/or alternating work teams or staggering shifts
  • When remote work is not possible, all organizations must:
    • Where possible, offer curbside pick-up and drop-off, and delivery
    • Where possible, provide a way for customers to pay, and make appointments and reservations online or over the phone
    • Provide door-to-door solicitation with physical distancing
    • Ensure physical distancing in waiting areas with appropriate spacing of chairs

Additional Industry Specific Requirements

  • Restaurants, bars, and stores that sell food, groceries, and alcohol and non-alcoholic beverages must
    • Encourage pick-up and delivery options
    • Prohibit self-dispensing of bulk items and condiments
      • Beverage stations may remain open
    • Prohibit sampling of food and self-service of unpackaged food, e.g. salad bar, buffet
      • This prohibition does not apply to produce in stores
    • Limit indoor dine-in capacity at restaurants to 25% of approved seating levels; space tables and chairs to ensure 6 feet of physical distancing; and limit each table to 6 customers, all of whom must live together
      • Bars are not allowed to have any indoor seating
        • Customers may enter a bar only to order, pick-up and pay for food and beverages, or while in transit (e.g. to use the bathroom)
        • “Bar” is defined as “an establishment in which fermented malt beverages are sold for consumption upon said premises and whose sale of alcohol beverages accounts for at least 51% of the establishment’s gross receipts and whose primary business is that of a bar”
      • Limit outdoor seating if tables and chairs are spaced 6 feet apart and each table is limited to 6 customers, all of whom must live together
        • This applies to restaurants and bars
      • Space bar stools in restaurants at least 6 feet part for customers who do not live together
      • Customers must be seated at all times when not in transit (e.g. to go to the bathroom)
  • Retail stores must
    • Limit the number of customers inside the business to no more than 50% of capacity, not including employees
    • Offer at least two hours per week of dedicated shopping time for vulnerable individuals if your store is larger than 50,000 square feet
    • Prohibit sampling, including of food and any goods
  • Salons and spas must
    • Limit the number of customers to 50% of approved capacity (if capacity is four or less, one customer is permitted)
    • Space customer chairs, tables, and stations at least 6 feet apart
    • Require employees to always wear face coverings when customers are present
    • Require customers to wear face coverings to the greatest extent possible
  • Gyms and fitness centers must
    • Provide disinfecting materials for members to use on equipment before and after use, and increase frequency of cleaning of equipment, common areas, locker rooms, and restrooms
    • Limit the number of individuals on site (excluding employees) to 50% of approved capacity
    • Space equipment at least 6 feet apart to the extent possible
    • Use floor markings to indicate appropriate physical spacing, particularly in areas where people congregate or cluster
    • Offer group exercise classes only if physical distancing is maintained and there is no person-to-person contact
      • Note that group exercise classes are now considered a mass gathering and are subject to those restrictions (10 people indoors, and 25 people outdoors, excluding employees)
    • Prohibit all activities where physical distancing cannot be maintained between people who do not live together
    • Close saunas and steam rooms
  • Places of amusement and activity must
    • Require payments and reservations only online or over the phone to the extent possible
    • Schedule events or the start of an activity to ensure physical distancing between all individuals who do not live together
    • Space seating, stations, or other areas to ensure at least at least at least 6 feet of physical distancing between individuals who do not live together
    • Limit the number of individuals on site (excluding employees) to 50% of approved capacity
      • Events such as concerts, festivals, shows, etc. are also subject to the restrictions on mass gatherings
    • Disinfect all equipment between each customer’s use
  • Lodging facilities must
    • Prohibit guests from congregating in lobbies or common areas
    • Adopt cleaning protocols for guest rooms and common areas based on PHMDC guidelines
    • Provide personal protective equipment and training to housekeeping staff for proper handling of linens and cleaning/disinfecting supplies
    • Comply with all other guidelines, such as those that apply to restaurants and bars, if applicable
  • Drive-In movie theaters and other drive-in activities must
    • Prohibit outdoor seating
    • Prohibit customers from leaving their car except to purchase or pick up food or drinks, or to use the restroom
    • Encourage pick-up and delivery of food and drinks, and prohibit any self-service of unpackaged food and self-dispensing of condiments
    • Reservations and payments should be made in advance online or over the phone to the greatest extent possible

Other industries

  • Health care, public health, human services, infrastructure, manufacturing, and government operations are subject to specific provisions and restrictions under Emergency Order #7, namely these organizations must implement required cleaning and hygiene policies, and comply with other applicable PHMDC, state, and federal requirements

Leased Property

  • Landlords and rental property managers may enter and show leased residential properties if all individuals wear face coverings and maintain physical distancing

Violations of this order are considered ordinance violations and are enforceable by any local law enforcement official.

The Lake Effect team will continue to monitor important updates such as these from Dane County and other counties across the state. Please keep watching for blogs and emails from us for important legal updates and HR best practices. Contact us at info@le-hrlaw.com or 1-844-333-5253.

Agencies Update Guidance on COVID-Related Issues as Employees Return to Work

OSHA and the US Department of Labor provide additional guidance on employee health screening information and FFCRA leaves

As more employers resume onsite operations and welcome employees back to the workplace, OSHA continues to update its Guidance on Returning to Work. New guidance highlights potential document retention obligations for employers that record employee health screenings and/or temperature checks related to COVID-19 symptoms. OSHA specifies that if an employer creates records relating to those screenings, the records might qualify as medical records under the Access to Employee Exposure and Medical Records Standard (29 C.F.R. 1910.1020). Under this standard, the employer is required to retain an “employee medical record” for the duration of the worker’s employment plus 30 years. Notably, however, records of these activities will not constitute a covered “employee medical record” for purposes of OSHA’s record retention requirement unless they are records “concerning the health status of an employee which is made or maintained by a physician, nurse, or other health care personnel, or technician.” Furthermore, employers are not required to make a record of health screening responses and/or temperature checks. Employers can choose to simply receive the information in real time, make a decision, and not even create a record of the results. That may be the best practice for employers, given the current uncertainty in this area.

The Department of Labor’s Wage and Hour Division also issued a new Field Assistance Bulletin that addresses the rights and obligations of employees who request FFCRA leaves to care for children this summer. FFCRA requires employers to provide eligible employees with up to 12 weeks of expanded family and medical leave if the employee is unable to work or telework because they need to care for a child whose “place of care” is closed for reasons relating to COVID-19. The bulletin specifies that for purposes of FFCRA, “place of care” includes summer camps, summer enrichment programs, and summer school. Thus, an employee may request the expanded family and medical leave due to such closures and the resulting need to care for a child. However, that employee must support the request, either orally in writing, by providing the employer with:

  • an explanation of the need for the leave,
  • the name of the child,
  • the name of the specific summer camp or program that the child would have attended had it not closed, and
  • a statement that no other suitable person is available to care for the child.

Notably, the employee must also provide some evidence of a plan for the employee’s child to attend the summer camp or program (i.e. prior attendance, submission of an application or a deposit, or some other evidence of an intent to enroll). Recall under prior IRS guidance, parental care is primarily limited to children under age 14, unless the child is older and has certain condition/s that require enhanced care.

If your organization conducts health screenings as part of COVID-19 prevention efforts, or if you have any questions about employee eligibility for FFCRA leaves, contact your HR and employment law partners at Lake Effect. We can help guide you through this rapidly evolving legal landscape. Please keep watching for blogs and emails from us for important legal updates and HR best practices. Contact us at info@le-hrlaw.com or 1-844-333-5253.

Dane County Modifies Phase 2 Reopening

Due to a recent increase in positive COVID-19 cases, Public Health Madison and Dane County (PHMDC) released Emergency Order #6 on June 25. The new order was effective at 10:00 p.m. on the same day.

The new order modifies three sections of Emergency Order #5:

  • Gatherings inside private property and residences are limited to 10 individuals (a reduction from 50 individuals).
    • There is no change to the limitations on mass gatherings inside commercial facilities (up to 50 individuals) or outside (up to 100 individuals).
  • Restaurants and bars must space tables and chairs to ensure customers who are not living together are at least six feet apart. This applies to outdoor and indoor dining spaces.
    • The previous order only required tables be spaced at least six feet apart.
  • Restaurants and bars must prohibit standing service. Customers must stay seated at all times unless they are “in transit.” PHMDC has explained this means “moving to the restroom is fine but patrons must be seated during their visit.”

PHMDC has updated its FAQ on Phase 2 under the Forward Dane reopening plan to include these changes.

The Lake Effect team will continue to monitor important updates such as these from Dane County and other counties across the state. Please keep watching for blogs and emails from us for important legal updates and HR best practices. Contact us at info@le-hrlaw.com or 1-844-333-5253.

IRS Guidance on Leave Donation Programs

As communities continue to face challenges related to COVID-19, employers may consider implementing a Paid Time Off (PTO) donation program that allows employees to help charitable organizations provide relief to those impacted by the pandemic.

The IRS recently released Notice 2020-46, which provides guidelines on employer-sponsored charitable leave-based donation programs. Through December 31, 2020, this program allows employees to give back to their employer accrued but unused PTO (such as vacation time, sick time, personal leave time) in exchange for the employer donating an amount equivalent to the donated PTO to charitable organizations that qualify under Section 170(c) and are providing relief to victims of the COVID-19 pandemic. Note that this applies only through the end of this tax year. For example, if an employee making $10.00 per hour donates 40 hours of PTO, the employer converts those donated hours into $400 cash. The employer then donates $400 to an eligible charitable organization, and 40 hours is subtracted from the employee’s PTO balance. Employers can choose which charitable organization(s) will receive an employee’s donated PTO funds.

Employers who wish to create this type of PTO donation program will need to determine the following:

  • Who is eligible to participate in the program?
  • What types of leave may be donated?
  • What increments of time may be donated (hours, days, weeks)?
  • How will employees indicate how much time they want to donate?

A PTO donation program may have tax implications for both employers and employees. We encourage organizations considering such programs to work closely with their tax advisors to ensure proper implementation and reporting under applicable federal and state tax laws.

Phase 2 Reopening Requirements

At 8:00 a.m. on June 15, Dane County began Phase Two of reopening under Forward Dane (revised June 2, 2020). Public Health Madison and Dane County (PHMDC) released Emergency Order #5 to coincide with Phase Two. The order provides requirements for organizations as they continue to gradually reopen. Emergency Order #5 is effective June 15 and will remain in effect until PHMDC determines that Dane County can move into Phase Three.

One of the primary changes in Emergency Order #5 is that many organizations can open to 50% capacity. PHMDC has created a guide to help organizations determine their capacity.

Emergency Order #5 has not changed the requirements that employers develop compliant workplace hygiene, cleaning, and protective measure policies, and document their employees’ receipt, acknowledgment, or training on the policies. If you would like to schedule a meeting with us to prepare a customized policy and/or training for your organization, please contact us.

Please see Forward Dane and the accompanying legal requirements set forth in Emergency Order #5 for new details for your industry. Below is a summary of Emergency Order #5.

Mass Gatherings

  • The following limited mass gatherings are permitted so long as people maintain physical distancing of at least six feet
    • Inside with up to 50 people, not including employees
    • Outside with up to 100 people, not including employees
  • Mass gatherings include concerts, festivals, fairs, parades, movies, performances, shows, trainings, meetings, conferences, sporting events, and sports activities for adults
    • Note that Emergency Order #4 removed religious services from the definition of mass gatherings
  • Drive-in movie theaters or other drive-in activities are not mass gatherings under the order and are not subject to these restrictions

Child Care, Sports Activities, Education, Libraries, and Public Spaces

  • Childcare facilities must restrict groups and classrooms to no more than 15 children if the children are 12 years or younger, or no more than 25 children if the children are at least 13 years old
    • There should be no interaction between the groups or classrooms, and staff interaction between groups must be limited to the greatest extent feasible
    • These restrictions also apply to sports activities for all children and youth 17 years and younger
  • Public playgrounds and splash pads are open, but physical distancing must be maintained
  • Public courts and fields are open, but physical distancing must be maintained
    • Games for low-risk sports – as defined in the order – are allowed if physical distancing is maintained
    • Games between teams for medium and high-risk sports – as defined in the order – are not allowed, but games within a team for medium and high-risk sports are allowed if physical distancing is maintained
    • Adult sports activities are subject to the mass gathering restrictions
    • Sports activities with children and youth 17 years and younger are subject to the restrictions for childcare facilities
  • K-12 schools may open for in person instruction and extracurricular activities on July 1, 2020, if schools create, distribute, and implement the required policies with their staff, including providing employees with face coverings to be used when social distancing is not possible
  • Continuing education and higher education institutions must maintain physical distancing to the greatest extent possible; may determine policies for safe operation; and must adopt strict policies to ensure safe living conditions before opening dorms and other congregate living situations

All Businesses, Libraries, Community Centers, and Religious Entities

  • Capacity must be limited to 50% of approved capacity level
    • See this guide to determining capacity level
  • Organizations must implement required hygiene, cleaning, and protective measure policies, and document that employees receive and acknowledge, or are trained on, these policies
    • See our previous blog on requirements for hygiene and safety policies. Lake Effect is able to help you develop such a policy tailored to your organization. Please contact us if you need assistance.
  • Organizations must limit staff and customers on site, and continue to facilitate remote work to the greatest extent possible, including offering virtual services, meetings, and and/or alternating work teams or staggering shifts
  • When remote work is not possible, all organizations must:
    • Where possible, offer curbside pick-up and drop-off, and delivery
    • Where possible, provide a way for customers to pay, and make appointments and reservations online or over the phone
    • Provide door-to-door solicitation with physical distancing
    • Ensure physical distancing in waiting areas with appropriate spacing of chairs

Additional Industry Specific Requirements

  • Restaurants, bars, and stores that sell food, groceries, and alcohol and non-alcoholic beverages must
    • Encourage pick-up and delivery options
    • Prohibit self-dispensing of bulk items and condiments
    • Prohibit sampling of food and self-service of unpackaged food, e.g. salad bar, buffet
      • Note that beverage stations may now open
    • Limit indoor dine-in capacity to 50% of approved seating levels; space tables at least six feet apart; and limit each table to customers who live together
      • Note that tables are no longer restricted to six people, but it is still required that all people at the table live in the same household
    • Outdoor seating is allowed if tables are spaced six feet apart and each table is limited to customers who live together
    • Space bar stools at least six feet part for customers who do not live together
    • Provide space so that customers maintain physical distancing when not seated
  • Retail stores must
    • Limit the number of customers inside the business to no more than 50% of capacity, not including employees
    • Offer at least two hours per week of dedicated shopping time for vulnerable individuals if your store is larger than 50,000 square feet
    • Prohibit sampling, including of food and any goods
  • Salons and spas must
    • Limit the number of customers to 50% of approved capacity (if capacity is four or less, one customer is permitted)
      • Note that salons and spas are no longer required to operate by appointment only
    • Space customer chairs, tables, and stations at least six feet apart
    • Always require employees to wear face coverings when customers are present
    • Require customers to wear face coverings to the greatest extent possible
  • Gyms and fitness centers must
    • Provide disinfecting materials for members to use on equipment before and after use, and increase frequency of cleaning of equipment, common areas, locker rooms, and restrooms
    • Limit the number of individuals on site (excluding employees) to 50% of approved capacity
    • Space equipment at least six feet apart to the extent possible
    • Use floor markings to indicate appropriate physical spacing, particularly in areas where people congregate or cluster
    • Offer group exercise classes only if physical distancing is maintained between people who do not live together and there is no person-to-person contact
    • Prohibit all activities where physical distancing cannot be maintained between people who do not live together
    • Close saunas and steam rooms
  • Places of amusement and activity must
    • Require payments and reservations only online or over the phone to the extent possible
    • Schedule events or the start of an activity to ensure physical distancing between all individuals who do not live together
    • Space seating, stations, or other areas to ensure at least at least at least six feet of physical distancing between individuals who do not live together
    • Limit the number of individuals on site (excluding employees) to 50% of approved capacity
      • Events such as concerts, festivals, shows, etc. are also subject to the restrictions on mass gatherings
    • Disinfect all equipment between each customer’s use
  • Lodging facilities must
    • Prohibit guests from congregating in lobbies or common areas
    • Adopt cleaning protocols for guest rooms and common areas based on PHMDC guidelines
    • Provide personal protective equipment and training to housekeeping staff for proper handling of linens and cleaning/disinfecting supplies
    • Comply with all other guidelines, such as those that apply to restaurants and bars, if applicable
  • Drive-In movie theaters and other drive-in activities must
    • Prohibit outdoor seating
    • Prohibit customers from leaving their car except to purchase or pick up food or drinks, or to use the restroom
    • Encourage pick-up and delivery of food and drinks, and prohibit any self-service of unpackaged food and self-dispensing of condiments
    • Reservations and payments should be made in advance online or over the phone to the greatest extent possible

Other industries

  • Health care, public health, human services, infrastructure, manufacturing, and government operations are subject to specific provisions and restrictions under Emergency Order #5, namely these organizations must implement required cleaning and hygiene policies, and comply with other applicable PHMDC, state, and federal requirements (see Sections 4.b. – 4.e., 4i, 4j)

Leased Property

  • Landlords and rental property managers may enter and show leased residential properties if all individuals wear face coverings and maintain physical distancing

Violations of this order are considered ordinance violations and are enforceable by any local law enforcement official.

The Lake Effect team will continue to monitor important updates such as these from Dane County and other counties across the state. Please keep watching for blogs and emails from us for important legal updates and HR best practices. Contact us at info@le-hrlaw.com or 1-844-333-5253.

Lake Effect HR & Law, LLC
(844) 333-5253 (LAKE)
info@le-hrlaw.com

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