Which Kentucky Retailers Remain Open?

 
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Which Retailers May Remain Open in Kentucky?

In response to the COVID-19 outbreak, all 50 states, Puerto Rico, and the District of Columbia have adopted measures intended to encourage “social distancing” in an effort to limit human contact and thus slow down the spread of the virus.  

Kentucky Gov. Andy Beshear has ordered all businesses that “are not life-sustaining” to close to in-person traffic as of 8:00 p.m. March 26, 2020. Many may still offer delivery and take-out options via online or telephone orders. The full order is available at this link on the Governor's web page.

All “life-sustaining” businesses remaining open must still abide by the state’s and CDC’s “social distancing” rules, including maintaining a six foot separation between employees and customers, regularly cleaning and disinfecting surfaces, regular hand washing, and ensuring sick employees and customers do not enter.

Which businesses are considered “life-sustaining”?

The governor’s order identifies “life-sustaining businesses” as “all businesses that allow Kentuckians to remain Healthy at Home".

Businesses that may remain open include:

  • Federal Critical Infrastructure Sectors

  • Life-sustaining retail, including retail businesses and suppliers

  • Food, beverage and agriculture - manufacturing, production, processing and cultivation, and businesses that provide necessities of life for animals, including shelters

  • Organizations that provide charitable and social services

  • Media services

  • Gas stations and businesses needed for transportation, including auto supply and repair

  • Financial Services, including banks, credit unions, mortgage and loan companies

  • Housing, Buildings and Construction, including maintenance of residential, commercial and governmental structures

  • Mail, post, shipping, logistics, delivery and pick-up services

  • Laundry services

  • Restaurants for consumption off-premises, including carry-out, delivery and drive-through food and beverage sales

  • Supplies for Life-Sustaining Businesses, including businesses that sell, manufacture or supply other Life-Sustaining businesses. Includes IT and computer equipment, hardware, food and beverages, medical equipment, soap and detergent, and firearm and ammunition suppliers for purposes of safety and security

  • Transportation

  • Home-based care and services

  • Professional services, including legal services, accounting services, insurance services, real estate services. Professional services firms must implement telecommuting and remote work, and only use in-person interaction to support Minimum Basic Operations.

  • Manufacture, distribution, and supply chain for critical products and industries

  • Critical labor union functions, including administration of health and welfare funds

  • Hotels and motels

  • Funeral services, subject to restrictions on mass gathering and appropriate social distancing

The executive order reiterates the social distancing and hygiene guidance from the CDC and Kentucky Department of Public Health. It also suspends all in-person government activities at the state, county and local level that are not necessary to sustain or protect life, or are not supporting Life-Sustaining Businesses.

These actions are similar to many of those that have been taken by other jurisdictions. Questions about compliance with the new guidelines, and how they affect your business? We can help answer your questions and protect your business and your employees during this critical time. Please contact our Employment attorneys at 859.255.8581 or via email for more information.

KMC, EmploymentAnn Mary QuarandilloArticles