Massachusetts is allowing more businesses to reopen during COVID-19. On June 8, 2020, Governor Baker launched “Phase II” of a four-step reopening plan.* There are several “headlines” for Phase II. Restaurants can begin to offer outdoor dining services. More retail stores can invite customers to shop inside at a limited capacity. Hotels and motels can offer lodging at a limited capacity, but no functions are allowed yet. Certain personal services with limited contact (e.g. photography) can open now. Other businesses and services can reopen now or in the near future.
Overall, the Massachusetts reopening plan remains on schedule. However, Phase II was divided into two steps for restaurants and personal care services. The state will delay indoor table service as well as personal care services that involve close physical contact. Where applicable, these changes are noted as “Step 1” and “Step 2” below.
Except for businesses noted as “Step 2,” Phase II businesses can reopen their brick and mortar premises to workers, customers and the public. Currently, other businesses specifically designated as Phase III or IV must remain closed to workers, customers and the public. Phase III and IV businesses include gyms, bars, casinos, theaters, and others.
Below, you will find a partial list of Phase II businesses:
retail stores, with 30% capacity and other limitations;
restaurants (during Step 1, outdoor dining services only);
restaurants (after Step 2 announcement, indoor table services at limited capacity);
hotels, motels, inns, etc. (limited capacity, and no events or functions allowed);
personal services without close personal contact (during Step 1, photography, individual tutoring, home cleaning, and other services are allowed);
personal services with close personal contact (after Step 2 announcement, massages, nail care, skin care, tattooing, and other services are allowed);
some classes in small groups; driving schools, flight schools;
outdoor historical places (no functions or guided tours);
funeral homes (with increased capacity to 40% occupancy);
warehouses and distribution centers;
golf facilities including outdoor driving ranges;
other outdoor recreational facilities including pools, playgrounds, and others;
day camps, public libraries, and others.
(The above is not a complete list of Phase II businesses or applicable restrictions.)
Massachusetts has issued detailed guidance about reopening of restaurants and lodging as well as other businesses. Also, Massachusetts has issued further guidance regarding non-urgent and elective medical services and other business sectors. Please see the Phase II order and other resources on our website.
Phase 2 businesses are required to self-certify that they are in compliance with generally applicable COVID-19 workplace safety rules and applicable industry-specific rules. Certification should be available upon request by state or local authorities. Violation of the state order may result in fines up to $300 per violation. All businesses should study state and federal safety guidelines regarding COVID-19. Businesses must continue to follow all other applicable state and federal employment laws. As noted in our last blog, employers must be careful to avoid violations of privacy and non-discrimination laws during COVID-19.
*For a more detailed discussion, please see our Client Advisory on Reopening.
Please also see our COVID-19 Resources page.
Morenberg Law can help businesses to ensure compliance with COVID-19 safety standards and state and federal laws. We can also help employees who are impacted by COVID-19 layoffs or other workplace concerns. Please contact us for a consultation.