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Legal Update Article

Massachusetts Increases Capacity Limits from 25% to 40% for Many Businesses

Massachusetts Governor Charlie Baker has announced that effective February 8 at 5:00 a.m., businesses can operate at 40% capacity. This is an increase from an existing order limiting capacity to 25% for many businesses that expires February 8. In addition, restaurants and close contact personal services will be allowed to operate at a 40% capacity limit. However, current restrictions limiting gathering sizes to 10 persons indoors and 25 persons outdoors remain in place for the present time.

The City of Boston Mayor Martin J. Walsh announced that Boston will align with the state's opening guidance by lifting the 25% capacity restrictions on local businesses, including restaurants and gyms. At least one municipality, the City of Somerville, reportedly will not loosen the restrictions on February 8. Businesses should check local COVID-19 orders to be sure they are in compliance.

Jackson Lewis attorneys are closely monitoring updates and changes to legal requirements and guidance and are available to help employers weed through the complexities involved with state-specific or multistate-compliant plans.

If you have questions or need assistance, please reach out to the Jackson Lewis attorney with whom you regularly work, or any member of our COVID-19 team.

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