Coronavirus (COVID-19) Legal Alerts

New Jersey Guidance for Business Owners Seeking to Re-Open During the Pandemic

Requirements and Restrictions—Straight from NJ.gov’s Website

8.11.2020

New Jersey has published re-opening requirements and restrictions for business owners who seek to resume operations during the COVID-19 pandemic. The FAQ page outlining the requirements and restrictions may be accessed at the NJ.gov website here. Below, we provide a concise summary for general businesses healthcare practices, and retail businesses.

General Businesses

If your business is not a retail business, you have been allowed—and may continue—to operate, but you MUST let your workers work from home whenever possible. The U.S. Department of Labor has guidance on the Fair Labor Standards Act pertaining to your obligations to employees regarding telework. If you have employees that need to be on site, you must restrict the number to the minimum required for critical operations.  Examples may include cashiers, store clerks, construction workers, repair workers, warehouse workers, lab researchers, custodial staff, and certain administrative staff. Any building open to employees must follow minimum cleaning protocols as described in New Jersey Executive Order No. 122.

Physicians and Dentists

Doctors and other licensed healthcare professionals are required to comply with the policies set forth under Department of Community Affairs’ Administrative Order 2020-07, covered in our blog post here.

Retail Businesses

Retail businesses are permitted to open on the condition they comply with the following Department of Health Guidance for Retail Businesses. These rules include: limiting occupancy to 50% of store capacity, installing a physical barrier such as a shield guard where possible and wherever 6 feet of social distancing cannot be maintained. Retail business owners are expected to also comply with required infection control practices and mandate that store occupants wear face coverings. Indoor portions of retail shopping malls may be open, while common areas such as communal seating and food courts and entertainment businesses must remain closed.

Recommended Bookmark: NJ.GOV

The NJ.gov website FAQ page provides a useful resource and point of reference for all businesses regarding the requirements to operate in New Jersey during the pandemic.

If you have questions about this legal blog alert, please contact Tracy Armstrong or another member of the Wilentz Employment Law team.

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