On April 23, 2020, Minnesota Governor Tim Walz issued a new Executive Order—Emergency Executive Order 20-40—allowing certain “Non-Critical Exempt Businesses” to restart operations.
To date, an industrial, manufacturing, or office-based business has been allowed to operate only if it met the state’s definition of a “Critical Sector” business. (For more on the underlying stay-at-home order in effect until May 3 at 11:59 pm, see the Dorsey eUpdate available here.)
The April 23rd order expands the types of industrial, manufacturing, and office-based businesses allowed to operate. Under this new order, industrial, manufacturing, and office-based businesses that are not in Critical Sectors may restart operations if they do not have customer-facing retail environments and meet certain other requirements. Effective Monday, April 27 at 12:00 am, such a business may restart operations after it has “establish[ed] and implement[ed]” a COVID-19 preparedness plan. Please note that even with this new order in place, “all workers who can work from home must do so,” and the exemption only applies to the duties of workers in Non-Critical Exempt Businesses that cannot be done at their home. In addition, the exempted workers are limited to travelling to and from their home and place of work, although an exception is made to allow “transportation to and from child care or school settings as necessary to ensure the safe care of children.”
The order’s detailed definitions and requirements include the following: