As the Garden State continues to battle the COVID-19 pandemic, New Jersey Governor Phil Murphy has signed Executive Order 125, expanding the industries subject to additional mitigation requirements. This Executive Order includes similar requirements to those set forth in Executive Order 122, discussed here, but applies these requirements to the Restaurant and Transportation Industries.
Bars and dining establishments are already subject to restrictions limiting their services to delivery and takeout. Under Executive Order 125, they must also adopt policies that, at a minimum:
- Limit occupancy to 10% of the stated maximum occupancy;
- Ensure six feet of distance between workers and customers except at the moment of payment/exchange of goods;
- Require infection control practices (such as hand washing and coughing/sneezing etiquette);
- Provide employees breaks for repeated hand washing throughout the day;
- Arrange for contactless pay and pickup/delivery options wherever feasible;
- Provide sanitization materials (such as hand sanitizer and sanitizing wipes) to staff;
- Require frequent sanitization of high-touch areas;
- Place conspicuous signage at entrances and throughout the business requiring six feet of physical distance between people;
- Require workers to wear face coverings and gloves, provided at the business’ expense; and
- Require customers to wear face coverings.
Executive Order 125 also impacts transportation entities operating in the State. Specifically, NJ Transit, Private Carriers, Unaffiliated Private Carriers, and Paratransit Private Carriers must adopt policies that, at a minimum:
- Limit occupancy on trains, buses and light rails to 50% occupancy;
- Require infection control practices;
- Arrange for contactless pay, wherever possible;
- Place conspicuous signage throughout vehicles and trains alerting employees and customers to the required six feet of social distancing;
- Require customers to wear face coverings;
- Require employees to wear masks and gloves, provided at the employer’s expense; and
- (With the exception of Paratransit Private Carriers), arrange for back door entry to buses and take seats out of service near the operator to allow for proper social distancing wherever possible.
The operational requirements for companies doing business in New Jersey are changing at a rapid pace. Reed Smith’s Labor & Employment Team will continue to monitor and report on these legal requirements. If you have any questions about these obligations, or other workplace issues, our attorneys are available to assist.