Photo of John T. McDonald

On June 9, 2020, New Jersey Governor Phil Murphy announced on Twitter that he was “signing an Executive Order LIFTING [New Jersey’s] STAY-AT-HOME ORDER” as the state enters “Phase 2” of the recovery process.  Many news outlets and employers took this announcement to mean there would be significant changes for New Jersey businesses.  However, the executive orders the Governor signed on June 9, 2020 brought only incremental change and will not adjust operations for most New Jersey office workers.

As New Jersey continues on the road to recovery, Executive Order 152 eliminates the earlier requirement that mandated (with limited exceptions) that New Jersey residents remain at home.  This Order, however (along with many of the recent New Jersey executive orders slowly lifting Covid-19 restrictions) is focused more on recreational and personal activities than workplace operations.  Specifically, the Order adjusts requirements for permissible indoor and outdoor gatherings, allowing outdoor gatherings of up to 100 people and indoor gatherings of up to 25% of a building’s capacity, to a maximum of 50 people.  Such gatherings are also subject to several additional requirements, including wearing face coverings, demarcating six feet, and arranging for contactless payment for any fees and/or donations wherever feasible.Continue Reading New Jersey “lifts” stay at home order – but little changes for most employers

New Jersey started the reopening process, lifting restrictions on certain business operations the State previously shut down in response to the COVID-19 pandemic. As employers in these industries resume operations, there are many legal considerations, including adopting policies and practices to ensure compliance with the State’s required mitigation efforts.

While New Jersey Governor Phil Murphy is permitting many outdoor industries to reopen as the summer season approaches, these businesses will remain subject to an array of legal requirements. The specific requirements for each industry are laid out in a series of Executive Orders signed by Governor Murphy, including: EO 142 (non-essential construction, non-essential retail), EO 143 (beaches & boardwalks), EO 146 (charter boats and watercraft rentals), and EO 147 (outdoor recreation). While the exact requirements vary by industry, all of the requirements are aimed at maintaining social distancing, limiting person-to-person contact, and mitigating exposure risks for employees and customers.Continue Reading New Jersey slowly begins lifting operating restrictions for certain industries

As we have previously reported, several states, including New Jersey, New York, Connecticut and Pennsylvania, now require employees, customers and/or the public to wear face coverings.  As we have also written about, in other states, like California, local governments are leading the way.  For example, Bay Area counties Sonoma, Marin, San Francisco, San Mateo, Alameda, and Contra Costa all require face coverings to some degree.  Since then, additional California municipalities have also joined, including San Bernardino, Riverside, Beverly Hills, Burbank, Carson, Inglewood, Los Angeles, Long Beach and Pasadena.  Links to our prior publications on these location-specific mandates can be found below.

Other states and municipalities continue to follow suit.  As of April 17, employees of essential businesses in Hawaii must wear face coverings.  On April 18, Maryland established a similar requirement for employees, as well as customers over nine years of age. Like California, in states that are not currently requiring face coverings, some local governments have taken the initiative to establish their own requirements.  For example, in Illinois, Cicero, Glenview, Highland Park, Morton Grove, Niles, Skokie and Wilmette have each implemented some type of face covering requirement.  Municipalities in other states that have joined the movement include Laredo, Texas; Miami, Florida; Northampton, Massachusetts; and Chickasaw, Oklahoma.
Continue Reading Employers must face it: Face covering requirements growing across states and municipalities

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:
Continue Reading New Jersey implements additional mitigation requirements for restaurants and transit providers

On April 14, 2020, Governor Murphy signed bill S2374 into law, marking the second time since the start of the COVID-19 outbreak that the New Jersey Family Leave Act (NJFLA) has been amended. Our blog post about the prior change is available here. The NJFLA, which covers all employers in the state with 30

On April 14, 2020, New Jersey Governor Phil Murphy signed S-2353, which amends the New Jersey Millville Dallas Airmotive Plant Job Loss Notification Act (New Jersey’s mini-WARN statute) in light of the COVID-19 pandemic.

As we previously reported here, New Jersey amended its mini-WARN statute in January 2020. Among the January amendments was the requirement that employers who conduct a covered “mass layoff” pay affected employees severance equivalent to one week’s pay for each year of employment. The January 2020 amendment was set to go into effect on July 19, 2020. Yesterday’s amendments resulting from S-2353 provide employers with some much-needed relief from these requirements.
Continue Reading New Jersey amends mini-Warn Act amid COVID-19 pandemic, providing some relief to employers

As the Garden State continues to battle the COVID-19 pandemic, Governor Murphy signed Executive Order 122 on April 8, 2020, imposing additional restrictions on businesses permitted to continue operating.  The Order takes effect at 8 p.m. on April 10, 2020 and expands on Governor Murphy’s earlier Stay at Home Order requiring the closure of non-essential retail businesses.  The Order imposes requirements on the operations of essential businesses, requires all employers to adopt policies pertaining to potential exposures in the workplace, and requires that owners of buildings where essential businesses operate implement cleaning protocols.
Continue Reading Governor Murphy issues Executive Order further limiting business operations in New Jersey

In an effort to delay litigation deadlines, the Equal Employment Opportunity Commission (EEOC) has stopped issuing Right-to-Sue Letters amid the COVID-19 pandemic, unless specifically requested by an employee.  Although the EEOC has not publicly announced its new policy, it has confirmed this practice to several news outlets.

The EEOC is the federal agency responsible for enforcing federal anti-discrimination laws.  Workers who claim they have been subject to unlawful discrimination and wish to bring a claim under these federal laws must first file a charge with the Agency.  The EEOC can resolve the charge in a number of ways.  If the agency declines to bring a lawsuit itself, it issues the individual a “Notice of Right to Sue” (commonly called a “Right-to-Sue Letter”) allowing the employee to file the claim in court.  The EEOC’s issuance of a Right-to-Sue Letter starts a 90-day filing deadline for the employee to bring the lawsuit.  The EEOC’s new practice will keep this 90-day clock from starting.Continue Reading EEOC stops issuing right-to-sue letters in response to COVID-19, delaying litigation deadlines

As COVID-19 continues to spread rapidly, with the number of confirmed cases in the U.S. well above 200,000, Georgia has now joined the growing number of states implementing statewide stay-at-home orders. Although Governor Brian Kemp initially favored county-by-county determinations, he recently announced a statewide Shelter-in-Place Order, as well as an order shutting down all Georgia public schools for the remainder of the academic year.

The governor’s comprehensive Shelter-in-Place Order, which is in effect from 6 p.m. on April 3, 2020 through 11.59 p.m. on April 13, 2020, supersedes the far less restrictive March 23, 2020 order. In addition to requiring residents and visitors to remain in their residences (with certain limited exceptions), the Order also implements a number of additional restrictions and mandates on Georgia businesses.Continue Reading Georgia’s Shelter-in-Place Order imposes new restrictions in an effort to slow the spread of COVID-19

On Wednesday, March 25, 2020, New Jersey Governor Murphy signed S2304, which amends the New Jersey Earned Sick Leave Law, the New Jersey Family Leave Act, and the New Jersey Temporary Disability Law. The changes are aimed at making job-protected leave and paid benefits available to more employees amid the current COVID-19 epidemic.

By way of background, in certain circumstances: the New Jersey Earned Sick Leave law requires employers to provide paid sick leave benefits; the New Jersey Family Leave Act requires certain employers to provide job-protected leaves of absence to eligible employees, including to care for a family member with a serious medical condition; and the Temporary Disability Law provides paid benefits to employees, including for their own non-work-related disabling condition or to care for a family member.
Continue Reading New Jersey amends family leave and benefits laws amid coronavirus concerns