On March 24 the Wisconsin Department of Health Services (“DHS”) issued Emergency Order #12 – Safer at Home Order (the “Order”) pursuant to Executive Order #72. The order includes an overarching directive for Wisconsin residents to stay at home or their place of residence and mandates that non-essential business and operations must cease. However, the Order allows individuals to leave their homes or residences (1) for essential activities, (2) for essential government function, (3) to operate essential businesses and operations, (4) to perform non-essential minimum basic operations, (5) for essential travel, and (6) for special situations, which includes healthcare and public health operations, human service operations, and essential infrastructure.
Minimum basic operations is defined as “[t]he minimum necessary activities to maintain the value of the business’s inventory, preserve the condition of the business’s physical plant and equipment, ensure security, process payroll and employee benefits, or for related functions, including where these functions are outsourced to other entities.”
Importantly, if an industry is not included in the Order as essential, the Wisconsin Economic Development Corporation (“WEDC”) is providing a form which may be completed to essentially request an “essential” designation. Read More