On Monday, May 18, Governor Phil Murphy unveiled a three-stage plan to reopen New Jersey. Titled "The Road Back: Restoring Economic Health Through Public Health," the Governor's plan provides for the gradual reopening of businesses and activities throughout New Jersey.
Stage One of the plan relaxes restrictions on "low-risk" businesses and activities, including parks, beaches, non-essential construction, curb-side retail, drive-in activities and elective surgeries. As discussed in more detail below, Stage One started on May 13.
Stage Two of the plan relaxes restrictions on "moderate-risk" businesses and activities that can be "easily safeguarded." This includes limited work activities at brick-and-mortar locations, restaurants with outdoor dining and possibly limited-capacity indoor dining, limited personal care businesses (e.g., hairdressers, nail salons, gyms), libraries, museums, and limited child care, summer school and summer camps. The Governor has stated that he expects to roll out Stage Two over the next few weeks (i.e. June).
Stage Three of the plan relaxes restrictions on "higher-contact" activities. This includes most work activities at brick-and-mortar locations, bars and restaurants with limited indoor capacity, childcare, day and summer camps, and schools. The Governor has not announced when Stage Three will occur.
As mentioned above, over the past two weeks, Governor Murphy implemented Stage One of The Road Back. He did this through the following Executive Orders:
Each of the Stage One Executive Orders sets forth protocols, safeguards and restrictions that must be adopted and implemented prior to reopening. While some of these mandates are specific to a type of business or activity, there are general protocols that apply to all reopening businesses. These include staggered work start and end times and break times, six-feet social distancing, protocols to separate and send home workers with COVID-19 symptoms, requirements for employer-provided masks for employees, physical barriers between employees and the public, capacity limitations (both for employees and the public) in brick-and-mortar locations, and frequent sanitization of facilities. Further, on May 22, in advance of the Memorial Day weekend, Governor Murphy announced an increase in allowable capacity from 10 to 25 individuals for businesses with outdoor activities, such as charter and fishing boats, batting cages and driving ranges.
It is important for businesses to review each Executive Order to determine the specific mandates required for their business or activity to reopen. A number of the Stage One Executive Orders refer to and incorporate provisions of other Executive Orders. It is important that businesses understand how these Executive Orders interplay and may impact their reopening plans. Some Executive Orders also acknowledge the discretion of the State Director of Emergency Management, the Department of Health, and/or the Division of Consumer Affairs to issue clarifications, exclusions and amendments to the Order, and require businesses to comply with any protocols or restrictions published by these governmental entities as well.
Day Pitney can assist businesses with any issues relating to COVID-19 laws and regulations, including the Governor's three-stage plan, Stage One Executive Orders, and developing and implementing a reopening plan. For more Day Pitney alerts and articles related to the impact of COVID-19, as well as information from other reliable sources, please visit our COVID-19 Resource Center.
For more Day Pitney alerts and articles related to the impact of COVID-19, as well as information from other reliable sources, please visit our COVID-19 Resource Center.
COVID-19 DISCLAIMER: As you are aware, as a result of the COVID-19 pandemic, things are changing quickly and the effect, enforceability and interpretation of laws may be affected by future events. The material set forth in this document is not an unequivocal statement of law, but instead represents our best interpretation of where things stand as of the date of first publication. We have not attempted to address the potential impacts of all local, state and federal orders that may have been issued in response to the COVID-19 pandemic.
Day Pitney Employment and Labor practice chair Heather Weine Brochin was featured in FIERCE Healthcare's article "FTC Votes 3-2 on Final Rule to Ban Noncompete Agreements, But Legal Challenges Expected."
Day Pitney Employment and Labor practice chair Heather Weine Brochin was featured in Variety's article "FTC Issues Ban on Noncompete Agreements – But Experts Say Rule Will Face Legal Challenges."
Day Pitney Employment Attorneys James Leva, Howard Fetner and Lindsey Viscomi authored the alert "Employee's Medical Marijuana Termination Claim Goes Up in Smoke," that was published by the Connecticut Business & Industry Association (CBIA).
Day Pitney Alert
Heather Weine Brochin was a guest on the Travel Tuesdays series, which explores the 'need to know' items for doing business in various jurisdictions around the world, on the Employment Law Alliance's podcast Employment Matters.
Day Pitney Alert
Day Pitney Associate Daniel Pierre's award from the Association of Black Law Students at Rutgers School of Law – Newark at its 33rd Annual Jazz for Justice Gala was featured in the New Jersey Law Journal's On the Move and After Hours column.
Francine Esposito headlined a Labor Law episode of the Employment Law Alliance's podcast Employment Matters.
Day Pitney Associate Daniel Pierre's award from the Association of Black Law Students at Rutgers School of Law – Newark at its 33rd Annual Jazz for Justice Gala was featured in the Diverse Lawyers Network's newsletter.
Copyright © 2024 Day Pitney LLP, all rights reserved.