Minnesota

Updated: May 31, 2020

Executive Order 20-63

Executive Order 20-63, dated May 27, 2020, replaces Executive Order 20-56 to effectuate a number of business reopening provisions and requirements.  The order is effective May 31, 2020, at 11:59 p.m.  The order remains in effect until rescinded or until the peacetime emergency declared in Executive Order 20-01 is terminated.

The following businesses may reopen, subject to additional requirements set for in the Order:

• Barbershops, salons, and other businesses providing Personal Care Services (at 25% occupant capacity);
• Outdoor services at restaurants, bars, and other places of public accommodation (capacity limited to no more than 50 people).  Indoor dining is still prohibited.
• Certain horse racetracks and other commercial racetracks (auto, motorcycle, etc.) may reopen their facilities to run races without spectators.  The total number of workers must not exceed 250 persons in a single self-contained space.
• Youth Programs and Organized Youth Sports may operate in accordance with requirements set forth in the Order.
• Places of public accommodation may open to provide space and facilities for Organized Youth Sports and Youth Programs (but may not reopen to the general public).
• Higher education institutions may offer in-person classes or activities consisting of no more than 10 people, to the extent they cannot be provided through distance learning.
• Public and private campgrounds and charter boats and launches that have adopted a COVID-19 Preparedness Plan

The occupancy requirements for non-Critical businesses are now set by the guidance available on the website of the state’s Department of Employment and Economic Development (DEED).

The 10-person limit on gatherings remains in effect.  In addition to the exceptions to this limit set forth in the prior order, places of worship, funeral homes, and other venues that offering gathering space for weddings, funerals, or services such as worship and prayer meetings, may host weddings, funerals, or services with over 10 people, provide they adhere to the following requirements:

• Ensure 6 feet of physical distance between households;
• In indoor settings, occupancy must not exceed 25% of normal capacity, with a maximum of 250 people in a single self-contained space;
• In outdoor settings, gatherings must not exceed 250 people; and
• Develop and implement a COVID-19 Preparedness Plan in accordance with the guidance available at DEED’s guidance website.

Cities and other local jurisdictions may implement more (but not less) protective restrictions, as long as the additional restrictions have a real or substantial relation to the public health crisis caused by COVID-19.

Executive Order 20-56

Executive Order 20-56, dated May 13, 2020, replaces Executive Order 20-48.  The order is effective May 17, 2020, at 11:59 p.m. and remains in effect through May 31, 2020, at 11:59 p.m.

• Bars, restaurants, and other places of public accommodation remain closed.
• Workers who can work from home must continue to do so.
• Employers must post social distancing and hygiene instructions at entrances and in locations that can be easily seen by customers and visitors.
• “Youth programming,” including day camps (but no overnight camps), who provide programming to children of Critical Businesses, are now included in the list of Critical Businesses.
• For Non-Critical Businesses, the Order adds the following requirements to the requirements under the previous order:
  • The businesses’ s COVID-19 Preparedness Plan must now include ventilation protocols for areas within the workplace (in addition to cleaning and disinfection protocols that were previously required)
  • Customer-facing businesses must include additional Plan provisions to keep the public and workers safe as set forth in the Plan Guidance available on DEED’s website.  Requirements include a 50% limit on store occupancy.
  • Businesses that provide household services (such as maid services) must develop plan provisions as set forth in the Plan Guidance available on DEED’s website (link above).
• The Order permits the following non-Critical businesses to re-open:
  • Dispersed and remote camping sites for single household use.  Developed campgrounds remain closed to recreational camping.
  • One-on-one or one-on two person guided and instructional outdoor activities, such as guided fishing.

Gatherings of more than 10 people are prohibited; this prohibition does not apply to legislative and other governmental meetings, proceedings held by the Minnesota Judicial Brand, federal activities, and drive-in gatherings.

Updated: May 5, 2020

• Executive Order 20-48, dated April 30, 2020, replaces Executive Order 20-33, 20-38, 20-40, and 20-47.
• The new Order is effective May 3, 2020, at 11:59 p.m. through May 17, 2020 at 11:59 p.m.
• The order adds additional workers to the exempt Critical Workers list and also permits certain categories of non-Critical Exempt Businesses to reopen, provided they implement a Covid-19 Preparedness Plan.

Exemptions-Critical Sectors

• This order incorporates the list of Critical Workers (updated to include the CISA Version 3.0 guidance) in Executive Order 20-33, and adds the following workers to the critical workers list:
  • In the law enforcement, public safety, and first responders category:
    • Workers supporting indoor gun and shooting ranges when providing qualification shooting or skills maintenance to law enforcement officers.
    • Workers and attendees for the state’s Professional Peace Officer Education providers.
    • Evaluators and firefighters at skills training, including evaluation for the state’s firefighter Certification Testing.
  • In the food and agriculture category:
    • Workers supporting bait harvesters.
  • In the transportation and logistics category:
    • Workers transporting boats.
    • Workers necessary for the operation of safe harbors and marinas to provide refuge for boaters when conditions make boating on open water unsafe.
    • Workers supporting car washes (limited to exterior washes that allow for payment without direct contact between workers and customers, and where customers can remain in their car).
  • In the other community-based government operations and essential functions category:
    • Workers supporting environmental compliance and assistance activities, field research, monitoring and surveying, habitat restoration, natural land and water management, and plant and animal population management.
  • In the commercial facilities/essential supply stores category:
    • Workers at traditional retail establishments who are working only to take and fulfill online orders for pickup or delivery.
    • Workers supporting the sale of essential furnishings, including beds, lift chairs, and office furniture and equipment necessary for other workers to work from home.
  • In the construction and critical trades category:
    • Workers who construct, repair, and maintain decks and fences
    • Workers cleaning and maintaining the exterior of residential dwellings, including power washing, exterior window cleaning, and gutter cleaning.
  • In the hotels, residential facilities, and shelters category:
    • Workers supporting resorts in accordance with the Outdoor Recreation Guidance.
  • In the animal care and veterinarians categories:
    • Workers at Class A licensed racetracks, which may open their facilities for the receiving, stabling, care and training of horses on their grounds and for preparing nad providing housing for workers who care for the horses.
  • The order also adds the category of outdoor recreational facilities, which is limited to workers supporting listed outdoor recreational facilities, including parks, trails, public water accesses, marinas, gold courses, ski areas, and outdoor shooting ranges.  See order for additional facilities and restrictions.

Non-Critical Exempt Businesses

• Workers in some Non-Critical Exempt Businesses sectors may return to work upon the business’s completion of listed requirements.
  • Non-Critical Exempt businesses include the following sectors:
    • Industrial and manufacturing businesses (not including customer-facing retail environments associated with industrial or manufacturing business).
    • Office-based businesses, if their work is primarily not customer facing.
    • Retail businesses, if they rent, sell, maintain, and repair goods that can be picked up outside, without entering the place of business, with limited interaction between employees and customers.
  • Before workers can return to work at a Non-Critical Exempt Business, the business must establish and implement a COVID-19 Preparedness Plan, which must address the following areas:
    • Require work from home whenever possible
    • Ensure that sick workers stay home
    • Social distancing
    • Worker hygiene and source control
    • Cleaning and disinfection protocols.
  • Preparedness Plans must be signed and certified by senior management and must be provided, in writing, to all workers and posted in workplaces.  Workplaces must ensure that training is provided to workers on the contents of their Plan and required procedures. 
  • Though Preparedness Plans do not be submitted for preapproval, they must be made available to regulatory authorities and public safety officers upon request.
• Face coverings are encouraged, but not required, when in public settings where social distancing is difficult to maintain.

Updated: April 9, 2020

• Executive Order 20-33, dated April 8, 2020, replaces Executive Order 20-20.
• The new Order terminates on May 3, 2020 at 11:59pm.
• The new Order:
  • Incorporates the updated CISA List as supplemented with additions set forth in the Order.
  • Permits fines, citations, or business closures for violations of the Order, including increased fines of up to $25,000 and up to 90 days in jail.
  • Permits workers supporting minimum basic operations to continue to work, including:
    • Maintain the value of the business’ inventory, facilities, and equipment.
    • Ensure security.
    • Support remote working capabilities.

Key Documents

CURRENT Executive Order 20-63

PRIOR Executive Order 20-56

PRIOR Executive Order 20-48

PRIOR Executive Order 20-33

PRIOR Executive Order 20-20