On March 26, Governor Bullock issued a directive implementing Two Executive Orders, issuing a Stay at Home notice and designating certain essential functions that are exempt from the directive. The Order requires that Non-Essential Businesses cease business. The Order goes into effect on March 28 at 12:01 AM, and will last through April 10.
Stay at Home Order
All individuals living within the State are directed to stay at their residence to the greatest extent possible. Individuals are not allowed to gather outside of their home unless they maintain a distance of six feet between each person. You are not allowed to leave your home except for “Essential Activities.”
The Order allows for outdoor recreation where the six foot distance can be maintained. The Order also allows individuals to leave their home for “essential activities” including getting food, medicine, and sanitation supplies, seeking health care, to taking care of others (including pets).
Essential travel is allowed, including travel back to Montana from an area outside the state.
Non-Essential Businesses
Businesses who are not deemed “Essential” are required to cease activity and maintain only Minimum Basic Operations. If the Non-Essential Business’ employees are working from home, then that business is not required to cease activities.
If your business is Non-Essential and you are required to cease activity, you can furlough those employees who will then be eligible to receive unemployment benefits. The separation is considered “temporary” if the employer and employee intend to resume the employment relationship once COVID disruption has ceased. Please see our FAQs for more employment related information.
Essential Businesses
The Order identifies all businesses that are permitted to continue operations.
- Stores that sell groceries and medicine.
- Food and beverage production and agriculture.
- Organizations that provide charitable and social services.
- Media.
- Gas stations and businesses needed for transportation.
- Financial and real estate services and institutions.
- Hardware and supply stores.
- Critical trades. Building and Construction Tradesmen and Tradeswomen.
- Mail, post, shipping, logistics, delivery, and pick-up services.
- Educational institutions.
- Laundry Services
- Restaurants for consumption off premises: delivery and take-out OK.
- Supplies to work from home.
- Supplies for Essential Businesses and Operations.
- Transportation.
- Home-based car and services.
- Residential facilities and shelters.
- Professional Services: legal, accounting, insurance, IT, real estate.
- Manufacture, distribution, and supply chain for critical products and industries.
- Critical labor union functions.
- Hotels and motels.
- Funeral Services.
For our business clients who sell alcoholic beverages: alcohol is included in the list of essential products. Bars, Breweries, Wineries, and Restaurants that were allowed to serve take-out and perform delivery of alcoholic beverages under the Governor’s prior order are still allowed to do so.
Essential businesses who are remaining open to the public and to employees are required to comply with Social Distancing Requirements by maintenance of six feet of space between all persons, employees and customers. These businesses are required to have hand sanitizer and sanitation supplies on hand. Essential businesses are encouraged to employ telework or remote working opportunities where feasible. They are also encouraged to post online whether they are open, or whether services can be accessed online or remotely. The Governor also encourages Essential Businesses to maintain separate hours for the vulnerable or elderly.
Please contact Silverman Law if you have questions on whether your business qualifies as an “essential” business and is exempt from the requirement to cease business.
**This publication does not constitute legal advice. Please contact either the Bozeman or Helena locations of Silverman Law Office with questions about your specific situation. We are here to help!**