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Legal Alert

Kansas City Metro Under Stay-At-Home Order; Businesses Impacted

3.23.20

Kansas City local government authorities – the City of Kansas City, Clay, Cass and Platte Counties in Missouri, and Johnson, Wyandotte, Douglas and Leavenworth Counties in Kansas – have issued executive orders requiring all residents – except for those falling within an exception discussed below – to stay at home for 30 days beginning at 12:01 a.m. on March 24, through 12:01 a.m. on April 23. The orders carve out exceptions for “Essential Activities,” “Essential Government Functions” and “Essential Businesses.”

Essential Activities

Individuals are directed to stay at home and leave their residence only to perform any of the following “Essential Activities” 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, public health, emergency management personnel, essential responders to the County’s emergency operations center, emergency dispatchers, court personnel, and law enforcement personnel, and others working for or to support Essential Businesses are exempt from the orders. Further, the orders do not prohibit any individual from performing or accessing “Essential Governmental Functions” provided said individuals perform these duties following the guidance of the Local Health Officer or delegated public health personnel.

Essential Governmental Functions means all services needed to ensure the continuing operation of the government agencies and provide for the health, safety and welfare of the public, including judicial functions. All Essential Governmental Functions shall be performed in compliance with Social Distancing Requirements to the extent possible.

Essential Businesses

All businesses and operations, except Essential Businesses as defined below, are required to cease all activities. Businesses may also 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 orders, except for those from Wyandotte, Douglas and Leavenworth Counties, permit certain Minimum Basic Operations at businesses 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:

Social Distancing

At a minimum, Social Distancing includes maintaining at least six-foot social distancing from other individuals, washing hands with soap and water for at least twenty seconds as frequently as possible or using hand sanitizer, regularly cleaning high-touch surfaces, and not shaking hands. Johnson, Wyandotte, Douglas and Leavenworth Counties in Kansas also require having hand sanitizer and sanitizing products readily available for employees and customers, implementing separate operating hours for elderly and vulnerable customers; and posting online whether a facility is open and how best to reach the facility and continue services by phone or remotely.

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 Kansas City 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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