On March 22, 2020, Louisiana Governor John Bel Edwards announced a state-wide stay at home mandate for Louisianians to go into effect at 5 pm on March 23, 2020. The proclamation has effected countless Southeast Louisiana businesses but it does still allow for some businesses to still function.
In order to help Slidell, Louisiana businesses understand the proclamation, here is the Sheppard Law interpretation. CAUTION: this is not legal advice and we are not your attorneys. Please seek professional guidance with your small business lawyer and CPA firms as to how this affects your specific industry.
The official proclamation temporarily closes non-essential businesses such as:
1. All places of public amusement,whether indoors or outdoors, including but not limited to, locations with amusement rides, carnivals, amusement parks, water parks, trampoline parks,aquariums, zoos, museums, arcades, fairs, pool halls, children’s play centers, playgrounds, theme parks, any theaters, concert and music halls, adult entertainment venues, racetracks, and other similar businesses.
2. All personal care and grooming business, including but not limited to, barber shops, beauty salons, spas,massage parlors, tattoo parlors, nail salons, and other similar businesses.
3. All malls, except for stores in a mall with outdoor entrance AND exit THAT PROVIDE ESSENTIAL SERVICES AND PRODUCTS as provided by CISA guidelines.
So what does that mean? It means that if you are one of the businesses above, then you CANNOT OPERATE after 5 pm on March 23, 2020. The likely rationale behind it is these businesses have skin to skin contact, closed spaces, and large groups of people that could spread the COVID-19 virus.
According to the proclamation, under Section 4(B), you can still conduct necessary activities. This means you can do payroll, clean, conduct maintenance, or upkeep as necessary. That's a little vague but essentially you can do what you need to do in order to keep your business afloat as far as administrative and cleaning is concerned.
You can also apply for a SBA Disaster Loan and view other tools available at our Small Business Resource blog from last week.
Under Section 5, you can still operate but only if you reduce operations to comply with social distancing (6 feet distance between yourself and another person, etc), do not have over 10 folks in your facility at a time, and only have essential employees on site. Who are essential employees varies by industry and trade and that is going to be a judgment call for any small business owner.
First, the Governor lays out in Section 3 what Louisiana is considering essential activities.
A. Obtaining food, medicine, and other similar goods necessary for the individual or a family member of the individual
B. Obtaining non-elective medical care and treatment and other vital services for an individual or a family member of the individual.
C. Going to and from individual's workplace to perform a job function necessary to provides goods or services being sought in Subsections A and B of this Section, or otherwise deemed as essential worker functions.......
Next, the following professions have been declared essential during COVID-19 by the Governor and further identified by the CISA:
Interestingly enough, Section 5 of the Proclamation allows for Early Learning Centers and child care facilities to remain open....subject to LA Department of Education and Office of Public Health standards.
So, if your business is deemed essential, you must still abide by all federal and state guidelines. Under Under Section 5, you can still operate but only if you reduce operations to comply with social distancing (6 feet distance between yourself and another person, etc), do not have over 10 folks in your facility at a time, and only have essential employees on site. Who are essential employees varies by industry and trade and that is going to be a judgment call for any small business owner.
In addition to these regulations you must still abide by your own Industry Compliance Standards, that of the federal government, and the CDC unless otherwise amended. Please stay in touch with your industry's governing body as they are the ones at the front line. You still want to make sure you are abiding by ethical and professional standards.
It's a tough situation, one that all business and citizens are going to feel. If you can, allow your workers to telecommute even if you are deemed an essential business. Maybe those industries who are temporarily closed can run online promotions or services. You can look into Unemployment, SBA loans, and the Senate is currently in negotiations to offer a Business Interruption Loan for businesses. I am keeping track of that on the Sheppard Law Blog, our Facebook page, and in the Instagram Stories as news breaks.
In conclusion, the issues surrounding COVID-19 continue to change by the minute. Always consult your trusted team of advisors like your lawyers, accountants, and strategists along with abidi9ng by the state-wide mandate. The community's health and safety should be everyone's first priority.
Wash your hands, get some sunshine, play with your pets, and protect your staff. I said it last week and I will say it again: we never lost faith in our Saints even when the Refs did, we dropped passes, and Drew Brees hurt his hand. We are South Louisiana. We will get through this.
If you want to discuss how to protect your small business or family during this time, please Contact Sheppard Law to schedule a teleconference consultation or phone call.
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