Restrictions Remain in Indiana for Limited Gatherings and Events

*This blog has been updated.*

Restrictions will remain in place with limited participation for employers and organizations planning to host small or large events in the coming weeks. On Feb. 24, 2021, Indiana Governor Eric Holcomb extended two executive orders for 30 more days. The orders – Executive Order 21-02  and Executive Order 21-03 – were set to expire on March 1 but will continue with the county-based measures and restrictions for social gatherings and events. The latest extension also impacts the NCAA tournament hosted in Indy with 25 percent fan attendance.

For employers hosting sporting or other extracurricular events, an “event” is defined as: an assembly or convening of multiple individuals from separate households in a single space – indoors or outdoors – at the same time but where the main purpose is not necessarily for individuals to interact with others outside of one’s household but to engage in or attend a business/commercial function, single event, or events of limited duration – such as conferences, conventions, concerts, shows, sport or athletic competitions (community, K-12 extracurricular, collegiate and professional), fairs, festivals, carnivals, parades, graduation ceremonies, community holiday celebrations, fundraisers or other entertainment events.

The executive order strongly recommends that overall size of a social gathering or event be limited in overall attendance based on a county’s color-coded metric, which is as follows:

• designated as red– may not exceed 25 individuals
• designated as orange– may not exceed 50 individuals
• designated as yellow– may not exceed 100 individuals
• designated as blue– may not exceed 250 individuals

If a safety plan is submitted at least five (5) days in advance of the event to the local health department, the overall attendance may be increased to:

• designated as red or orange – 25% of a facility’s capacity
• designated as yellow– 50% of a facility’s capacity
• designated as blue – 100% of a facility’s capacity

The county metrics map can be found here.

Kroger Gardis & Regas (KGR) employment lawyers are based in Indianapolis and help businesses, municipalities and employees resolve employment law issues, handle employment litigation and develop creative employee benefits to promote employee retention. You can find more information here.