The Need for Businesses to Accommodate At-Risk Customers | Executive Order Under COVID-19
May 22, 2020 | Scott M. Lepak
In addition to the Minnesota Governor’s May 13, 2020 Executive Order related to the Safe Reopening of Minnesota’s Economy, the Minnesota governor issued an Executive Order the same day that also warrants attention by businesses providing in-person services to customers. In Executive Order 20-55, the Minnesota Governor ordered the Commissioner of Employment and Economic Development to issue guidance necessary for private and public businesses to provide accommodations to at-risk customers by adjusting times, services, and manner of delivering goods and services to minimize the risk of COVID-19 infection. The Executive Order is called Protecting the Rights and Health of At-Risk Populations during the COVID-19 Peacetime Emergency. At-risk persons include people who are: 65 years and older. Living in a nursing home or a long-term care facility, as defined by the Commissioner of Health. Any age with underlying medical conditions, particularly if not well controlled, including people With chronic lung disease or moderate to severe asthma. With serious heart conditions. Who are immunocompromised (caused by cancer treatment, smoking, bone marrow or organ transplantation, immune deficiencies, poorly controlled HIV or AIDS, or prolonged use of corticosteroids and other immune weakening medications). With severe obesity (body mass index (BMI) of 40 or higher). Who are diabetic. With chronic kidney disease undergoing dialysis. With liver disease. While…
Read MoreThe Right to Refusal to Work Executive Order Under Covid-19
May 15, 2020 | Scott M. LepakWhile the Minnesota Governor’s May 13, 2020 Executive Order related to the Safe Reopening of Minnesota’s Economy is generating considerable headlines and discussion, it is notable that there was an Executive Order issued the same day that also warrants attention by employers. In Executive Order 20-54, the Minnesota Governor ordered that employers must protect workers from unsafe working conditions and retaliation during the COVID-19 Peacetime Emergency. Employers are forbidden from discriminating or retaliating in any way against a worker communicating orally or in writing with management about occupational safety or health matters related to COVID-19, including asking questions or expressing concerns. This Executive Order also specifically applies existing law related to a refusal to work under certain conditions to the COVID-19 pandemic. Workers have the right to refuse to work under conditions that they, in good faith, reasonably believe present an imminent danger of death or serious physical harm. This includes a reasonable belief that they have been assigned to work in an unsafe or unhealthful manner with an infectious agent such as COVID-19. Employers must not discriminate or retaliate in any way against a worker for the worker’s good faith refusal to perform assigned tasks if the worker has asked the employer to correct the hazardous conditions, but they remain uncorrected. These…
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