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Legal Alert

Shelby County (TN) Businesses Face New Closures, Increased Health And Safety Requirements, And Mandated Face Coverings

7.8.20

In an effort to temper the rising COVID-19 positivity rate, the Shelby County (TN) Health Department issued its Public Health Directive No. 8, requiring the closure of some businesses and imposing new requirements on all other businesses, including maintaining records of groups of patrons for contact tracing purposes. The Directive is applicable to all businesses operating within Shelby County and became effective Wednesday, July 8 at 12:00 a.m.

What Businesses Are Ordered Closed?

The Directive orders the immediate closure of bars/limited service restaurants (where less than 50% of revenue comes from food sales), private clubs, as defined by the Tennessee Alcoholic Beverage Commission, and adult entertainment venues. Bars that are housed in restaurants may remain open to serve food. Additionally, the Directive continues to require schools to remain closed and prohibits festivals, fairs, parades, large-scale sporting events, and large-scale community events.

What New Requirements are Imposed On Open Businesses?

To remain open, all businesses must impose the following additional health and safety requirements:

In addition to the above, businesses that require in-person interaction with the public or otherwise regularly welcome non-employees into the business must comply with the following requirements:

Further, restaurants must maintain a 10:00 p.m. curfew. Guests who are already in the restaurant at 10:00 p.m. may remain in the restaurant until 10:30 p.m., but may not be served food or beverages after 10:00 p.m. Only staff needed to close, open, or clean shall be in any restaurant between the hours of 10:30 p.m. and 5:00 a.m.

Additionally, the Directive reiterates previously issued health and safety requirements including prohibiting customers and employees from entering the building if experiencing COVID-19 symptoms; conducting health screenings and temperature checks of employees prior to each shift; routine cleaning and disinfection of surfaces, equipment, and work areas; and social distancing measures. The full list of requirements may be found in the Directive.

What New Contact Tracing Requirements Are Imposed On Businesses?

Businesses that allow group activities, e.g. restaurants and recreational facilities, and business that require close contact between patrons and/or employees for the provision of services, must maintain a record of all patrons for contact tracing purposes in the event of a COVID-19 exposure. The record must be maintained for a minimum of 30 days after service and include, at a minimum, the patrons’ first and last names, times of service/attendance, and contact numbers. Additionally, restaurants must maintain seating charts for 21 days.

What Should Employers Do?

Conclusion

If COVID-19 cases continue to rise, the Shelby County Health Department has indicated it will consider closing restaurant dining rooms and gyms. Fisher Phillips will continue to monitor the rapidly developing COVID-19 situation and provide updates as appropriate.

For a more thorough analysis of the many issues you may encounter from a labor and employment perspective, we recommend you review our FP BEYOND THE CURVE: Post-Pandemic Back-To-Business FAQs For Employers and our FP Resource Center For Employers. 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 Memphis office, or any member of our Post-Pandemic Strategy Group Roster.


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

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