Is my business "essential" under Louisiana's stay-at-home order?
On March 22, 2020, Louisiana Governor John Bel Edwards issued Proclamation No. 33-JBE-2020, also known as the “Stay-at-Home Order.” The order is in effect from 5:00 p.m. March 23, 2020 until April 13, 2020. The major provisions of this order include a ban on all gatherings of 10 or more people, and a directive that all individuals in Louisiana stay at home unless performing an “essential activity.”
Under the order, there are three categories of businesses:
Category #1: Businesses ordered temporarily closed
Business that fall under this category include:
- All restaurants (only to dine-in patrons; take-out and delivery services are still allowed);
- All casinos;
- All video poker establishments;
- All movie theaters;
- All bars;
- All bowling alleys;
- All fitness centers and gyms;
- 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; theaters, concert halls; music halls; adult entertainment venues; racetracks; and other similar businesses;
- All personal care and grooming businesses, including but not limited to: barber shops; beauty salons; nail salons; spas; massage parlors; tattoo parlors; and other similar businesses; and
- All malls, except for stores in a mall that have a direct outdoor entrance and exit that provide essential services and products as defined by CISA guidelines.
Category #2: Businesses that provide essential functions or that are classified as “critical infrastructure sectors” by the Cybersecurity and Infrastructure Security Agency (“CISA”)
Employees are allowed to leave their homes to report to work if they are performing “essential worker functions,” as defined by CISA. CISA has identified 16 critical infrastructure sectors:
- Chemical Sector;
- Commercial Facilities Sector;
- Communications Sector;
- Critical Manufacturing Sector;
- Dams Sector;
- Defense Industrial Base Sector;
- Emergency Services Sector;
- Energy Sector;
- Financial Services Sector;
- Food and Agriculture Sector;
- Government Facilities Sector;
- Healthcare and Public Health Sector;
- Information Technology Sector;
- Nuclear Reactors, Materials, and Waste Sector;
- Transportation System Sector; and
- Water and Wastewater System Sector.
There are multiple sub-sectors within these sectors. Please visit the CISA website for more information.
Category #3: Businesses that do not fall into either Category #1 or Category #2
If your business was not ordered temporarily closed and if your business does not fall within one of the CISA critical infrastructure sectors, the Stay-at-Home Order requires your business to:
- Reduce operations;
- Have minimal contact between essential employees and members of the public;
- Observe proper social distancing (i.e., stay at least six feet away from other people); and
- Follow the ban on gatherings of 10 or more people.
If your business is an essential business and you would like us to prepare a “Critical Infrastructure Employee Travel Authorization Letter” for any of your employees, please contact one of our attorneys shown at the end of this Toolkit.