Tennessee Issues Safer-At-Home Order Impacting Business Community Amid COVID-19 Pandemic

Fisher Phillips
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Fisher Phillips

In the latest effort to mitigate the spread of COVID-19, Tennessee Governor Bill Lee issued Executive Order No. 22 directing Tennesseans to stay home unless engaging in essential activities and services. The Order is not a shelter-in-place mandate, but instead an order strongly urging Tennesseans to stay at home when possible. The Order becomes effective at 11:59 p.m. on March 31, 2020, and will remain in effect until 11:59 p.m. on April 14.

[Ed. Note: On April 2, 2020, Tennessee Governor Bill Lee strengthened a previous “Safer at Home” Order (Executive Order No. 22) by issuing Executive Order No. 23. The new Order moves beyond urging residents to stay home and now requires residents to stay home unless engaged in essential activity or services. With that substantive change, all remaining provisions of the previous “Safer at Home” Order remain in full force and effect.]

What Is An Essential Activity?

The Order permits Tennesseans to leave home to perform the following essential activities:

  1. Engaging in activities essential to the health and safety for themselves or others;
  2. Obtaining food, household items and other products necessary for themselves or family members;
  3. Providing, facilitating, or receiving delivery or curbside carry-out delivery of certain online or telephone orders;
  4. Engaging in certain outdoor activity, provided that established health guidelines are followed to the greatest extent practicable;
  5. Caring for or visiting a family member, friend, or pet in another household;
  6. Visiting a place of worship or attending a wedding or funeral, provided that established health guidelines are followed to the greatest extent practicable; or
  7. Engaging in essential travel, as defined by the Order.

How Does The Order Affect Essential Businesses?

Businesses providing essential services may continue to operate. Essential businesses include: health care and public health operations, human services operations, grocery stores, transportation businesses and financial institutions. For a comprehensive list of essential services, you can view the Order here.

Though essential activity and services are permitted, the Order strongly encourages all persons to limit the frequency of leaving their homes. To this end, employers of essential businesses should equip and permit employees to work from home to the greatest extent practicable. Further, essential services businesses should follow established health guidelines.

How Does The Order Affect Non-Essential Businesses?

Pursuant to the Order, businesses and organizations that do not perform essential services are ordered to close, though they may provide delivery of online or telephone orders to the greatest extent practicable. Additionally, Governor Lee amended a previous executive order, Executive Order No. 17, which temporarily closed and/or suspended in-person services of certain businesses. In issuing Executive Order No. 21, Governor Lee specifically orders the closure of entertainment and recreational gathering venues and businesses and organizations that perform close-contact personal services. Executive Order No. 21 remains in effect until 11:59 p.m. on April 14.

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