As outlined in a prior E-Alert, Oregon’s “Stay Home, Save Lives” order did not close all consumer-facing businesses. Rather, specific business sectors were ordered to close while many were allowed to stay open under strict social distancing polices. Effective May 15, the following businesses, which were previously ordered to close until further notice, are now allowed to reopen:
- Furniture stores, jewelry shops, boutiques, art galleries, and ski resorts.
- Shopping: Indoor and outdoor malls (NOTE: mall businesses not subject to the original closure, such as food, grocery, medical, pharmacy, or pet store services may remain open).
- Entertainment: Amusement parks, aquariums, arcades, bowling alleys, dance studios, fraternal organization facilities, hookah bars, indoor party places (including jumping gyms and laser tag), museums, non-tribal card rooms, skating rinks, senior activity centers, social and private clubs, tattoo/piercing parlors, theaters, and youth clubs.
- Grooming/Personal Care: Barber shops and hair salons, cosmetic stores, esthetician practices, spas (medical, day, facial), non-medical massage therapy services, and nail and tanning salons.
- Fitness: Gyms and fitness studios (including climbing gyms), tennis clubs, and yoga studios.
- Food and Drink Establishments: All food and drink establishments (excluding take-out).
New Retail Sector Guidance
While Oregon retailers have generally been allowed to operate if they comply with Oregon Health Authority (“OHA”) guidance, many chose to temporarily close due to the Governor’s “Stay Home, Save Lives” order. In anticipation that more retailers will begin to reopen, OHA issued the following guidance for retail stores, effective May 15:
- Maximum capacity is limited to the number of customers which can be in the store while maintaining at least six feet of distance between other customers and employees. This determination is made by store management, who should consider areas of the store prone to crowding, like aisles.
- Post visible signage that lists COVID-19 symptoms, encourages physical distancing, asks individuals with symptoms to stay home, and provides contact information for those in need of assistance.
- Frequently clean and sanitize work areas, high-traffic areas, and commonly touched surfaces in both customer/public and employee areas of the store. Wipe down changing room doorknobs, walls, and seating between each customer use.
- Require all employees to wear cloth, paper, or disposable face coverings. Businesses must provide cloth, paper, or disposable face coverings for employees.
- Encourage customers to wear face coverings;
- Place see-through barriers between customers and cashiers/service counters;
- Create one-way paths through the shopping environment;
- Tape off six-foot markers for customers waiting in line;
- Prohibit customers from trying on items worn on the face;
- Have customers wash or sanitize hands before and after trying on clothes;
- Have employees wash or sanitize their hands before and after processing returned items; and
- Offer order ahead pick-up options.
It is unclear how or to what extent OSHA or law enforcement will enforce retailer non-compliance. However, the executive order is clear that retailers who fail to comply with the new OHA guidance may face temporary closure and/or monetary penalties.
We are following these developments closely and are available to address employer-specific questions and concerns.
For questions about reopening or for any other circumstances created by COVID-19, contact our team at 503-228-0500.
Electronic Alerts are written by Barran Liebman attorneys for their clients and friends. Alerts are not intended as legal advice, but as employment law, labor law, and employee benefits announcements. If this has been forwarded to you, and you would like to begin receiving Electronic Alerts directly, please email or call Traci Ray at 503-276-2115. Copyright ©2021 by Barran Liebman LLP.
Las Alertas electrónicas son escritas por abogados de Barran Liebman para sus clientes y amigos. Las Alertas no son proveídas como asesoramiento legal, sino solo como anuncios de leyes de empleo, leyes laborales y beneficios de empleo. Si esto ha sido remetido a usted y quisieras empezar a recibir las Alertas directamente, por favor mándanos un correo electrónico o llama a Traci Ray al 503-276-2115. Derechos de autor ©2021 por Barran Liebman LLP.