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Legal Alert

Indiana Under Stay-At-Home Order Due To COVID-19 Outbreak

3.24.20

Indiana Governor Eric Holcomb issued an Executive Order yesterday requiring all residents – except for those falling within an exception as discussed below – to stay at home for 13 days beginning at 11:59 p.m. on March 24 through 11:59 p.m. on April 6. The Order carves out exceptions for “Essential Activities,” “Essential Businesses and Operations,” “Essential Governmental Functions,” “Essential Infrastructure,” “Essential Travel,” “Healthcare & Public Operations,” and “Human Services Operations.”

Essential Activities

Individuals are directed to stay at home and leave their residence only for “Essential Activities,” “Essential Governmental Functions,” or to participate in “Essential Businesses and Operations,” as described below. People at high risk of severe illness from COVID-19 and people who are sick are urged to stay in their residence except as necessary to seek medical care.

Essential Government Functions

All first responders, law enforcement, emergency dispatchers and management personnel, legislators, judges, court personnel, jurors and grand jurors, corrections personnel, hazardous materials responders, child protection and child welfare personnel, housing and shelter personnel, military, and other governmental employees working for or to support “Essential Business and Operations” are exempt from the Order.

“Essential Government Functions” also includes services provided by the State of Indiana or any municipality, township, county, political subdivision, board, commission or agency of government and needed to ensure the continuing operation of government agencies or to provide for or support the health, safety and welfare of the public, and including contractors performing Essential Governmental Functions. Each governmental body is permitted to determine its Essential Governmental Functions and identify employees and/or contractors to the performance of those functions.

Essential Businesses And Operations

All businesses and operations, except Essential Businesses and Operations, as defined below, are required to cease all activities. Businesses may continue operations consisting exclusively of employees or contractors performing activities at their own residences (i.e., working from home).

Minimum Basic Operations at a Non-Essential Business

The Order permits certain Minimum Basic Operations that have otherwise been determined to be non-essential.  Generally, Minimum Basic Operations includes the following, provided that employees comply with Social Distancing Requirements, to the extent possible, while carrying out such operations:

Essential Travel  

Individuals may engage in Essential Travel, as long as they comply with all Social Distancing Requirements (as defined below). The phrase “Essential Travel” includes:

Social Distancing

At a minimum, Social Distancing includes maintaining at least six-feet social distancing from other individuals, washing hands with soap and water for at least twenty seconds as frequently as possible or using hand sanitizer, covering coughs and sneezes (into the sleeve or elbow, not hands) regularly cleaning high-touch surfaces, and not shaking hands.

With respect to Essential Businesses and Operations, and businesses engaged in Minimum Basic Operations, they must take proactive measures to ensure compliance, including, when possible:

Additional Requirements

All businesses and employers, whether or not they are deemed to be essential, are ordered to do the following:

Conclusion

For now, we will continue to monitor the rapidly developing COVID-19 situation and provide updates as appropriate. Make sure you are subscribed to Fisher Phillips’ Alert System to get the most up-to-date information. For further information, contact your Fisher Phillips attorney, any attorney in our Louisville office, or any member of our COVID-19 Taskforce. You can also review our nationwide Comprehensive and Updated FAQs for Employers on the COVID-19 Coronavirus and our FP Resource Center For Employers, maintained by our Taskforce.


This Legal Alert provides an overview of a specific state law. It is not intended to be, and should not be construed as, legal advice for any particular fact situation.

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