Retail Report for 8th Week of 2021 Session | Alabama Retail Association

As of 5 p.m. today, Friday, April 9, Alabama is under a new health order that encourages, rather than mandates, employers to protect their employees and customers from the coronavirus by encouraging the use of face coverings, maintaining six feet of separation and regularly disinfecting.

After receiving several questions from Alabama Retail Association members about how the new order affects their operations, our employment law resource partner answered questions about communicating with employees and customers:

Q & A with Alabama Retail’s Employment Law Partner
Can businesses continue to require masks? How to communicate mask policy with employees and customers? How to encourage wearing of mask and social distancing?

State law shields businesses and others from lawsuits related to the pandemic, unless the claimant shows by clear and convincing evidence that the covered entity did not reasonably attempt to comply with the then applicable public health guidance. The state health order is the applicable public health guidance as defined by the law, advises legal counsel for the Alabama Civil Justice Reform Committee, a coalition of Alabama businesses and pro-business organizations committed to legal fairness.

What Your Business Should Do:
Best Practices to Avoid Liability Under Safer Apart Order
Provided by the Alabama Civil Justice Reform Committee

“It would be prudent at a very minimum to adopt, and post prominently, notifications of the business or employer’s policy encouraging the protections outlined” in the state health order, ACJRC recommends to maintain the liability protection signed into law in the second week of the current legislative session.

In future pandemics and epidemics, all businesses can remain open in declared emergencies under the same guidelines, based on legislation the governor signed into law Thursday with an effective date of July 1.

The Legislature has completed two-thirds of its regular session. Nine legislative days remain in its 30-day session, which is to end on or before May 17. The House convenes at 1 p.m. and the Senate at 1:30 p.m. Tuesday, April 13, for the 22nd legislative day.

For legislative and other news of relevance to retailers,
read This Week in Retail News.