On June 24, North Carolina Governor Roy Cooper ordered that all North Carolinians wear face coverings in public to help prevent the spread of COVID-19. But it is businesses – not individuals – who are liable if rules are broken.
Since June 24, the attorneys at Dysart Willis Houchin & Hubbard have been contacted by a number of small business owners in the Triangle with questions about what their rights and responsibilities are under N.C. Executive Order Number 147, and what their potential risks and exposure might be.
For example, what should you or your business do if:
- A customer refuses to wear a mask
- Can (or should) your business refuse service?
- May your business permit the customer to enter its business premises un-masked?
- What happens if the un-masked customer refuses to leave?
- What happens if you allow the un-masked customer into the business and other customers complain? Or an employee quits?
- An employee refuses to wear a mask
- What is the appropriate response?
- Can you terminate the employee? Must you terminate the employee?
- A customer begins posting negative comments on social media about your business’ mask policy.
- What is the appropriate response?
- Do you need to change your business practice?
- Should you post your business policy about face coverings online? Should you not?
- A customer or employee threatens to sue your business.
- Is there anything you can do to prevent litigation?
- What do you do if you are sued?
Other questions you may have include:
- Are there any exceptions to the mask rule?
- Who checks whether an exception applies?
- What does your business have to do if an exception applies?
- Could any of your actions result in violations of the ADA (Americans with Disabilities Act)?
- Are the provisions of the Executive Order enforceable against you as a business owner?
- What do you tell customers? Is there anything you should not tell customers?
- What do you tell employees? Is there anything you should not tell employees?
- What consequences might you face if your business violates this Order or any of the previous COVID-19 orders?
N.C. Executive Order No. 147 may not contain all of the answers. If you have questions, our firm is here to help. We provide clear, straightforward answers to your questions.
The laws and requirements on businesses are rapidly changing in face of the COVID-19 pandemic. You need a law firm that keeps you informed and compliant about what your rights and responsibilities are in the face of these changing circumstances.