On March 21, 2020, Governor Murphy signed Executive Order No. 107, which required most businesses in New Jersey to close to the public. Unfortunately there seems to much confusion and incomplete news reporting regarding the scope of the order. Many people believe, and many news agencies have reported, that all non-essential business must close. That, however, is an incomplete description of the scope of the Executive Order. Rather than closing all business, the Governor’s Executive Order requires that “[t]he brick-and-mortar premises of all non-essential retail businesses must close to the public” and requires the adoption of work from home arrangements where practicable for all businesses.
Below is a summary of how the Executive Order impacts different categories of businesses.
Non-Retail Businesses
Under the Executive Order, non-retail business may remain open, but are required to let employees work from home whenever possible. The State has issued guidance that gives examples of professional services firms, such as law firm and accounting firms, as non-retail businesses that may remain open.
Retail Businesses
Essential Retail Businesses
Businesses that are deemed essential retail businesses are permitted to remain open to the public. Such businesses include:
- Grocery stores and stores that sell food;
- Pharmacies and medical marijuana dispensaries;
- Medical supply stores;
- Gas stations;
- Convenience stores;
- Ancillary stores in healthcare facilities;
- Hardware and home improvement stores;
- Banks and financial institutions;
- Laundromats and dry-cleaners;
- Stores that principally sell supplies for children under five;
- Pet stores;
- Liquor stores;
- Auto mechanics and and the maintenance and repair services of car dealerships;
- Printing and office supply stores; and
- Mail and delivery services.
Although not explicitly identified in the Executive Order, the state’s guidance also includes the following businesses as essential:
- Mobile phone retail and repair shops;
- Bicycle service and repair shops;
- Livestock feed stores;
- Nurseries and garden centers; and
- Farming equipment stores.
Essential retail businesses are required to follow social distancing practices to the extent practicable. These practices include keeping customers at least six feet apart and frequently cleaning common surfaces.
Non-Essential Retail Businesses
All non-essential retail businesses are closed to the public. As the guidance specifically acknowledges, delivery and online operations of such businesses may continue.
Restaurants
Restaurants, cafeterias, dining establishments, and food courts are permitted to operate during their normal business hours for delivery and/or take-out only. Restaurants in malls may remain open for take out and/or delivery only if they have external entrances that are separate from the general mall entrance.
Recreational and Entertainment Businesses
Recreational and entertainment businesses, like non-essential retail businesses, must close to the public. Such businesses include casinos, racetracks, gyms and fitness centers, theaters, indoor portions of shopping malls, zoos, amusement parks, bowling alleys, funplexes, and social clubs. Personal care services, such as hair salons, nail salons, and spas, are included in the recreational and entertainment business category of the Executive Order. Although these business must remain closed the public, nothing in the Executive Order would prohibit these businesses from accepting online or phone orders and making deliveries of products.
It is important to note that any business that remains open, regardless of whether it is open to the public, is required to adopt telework arrangements whenever practicable and must make best efforts to reduce on-site staff to the minimal number necessary for essential operations.
These restrictions remain in effect until it is revoked or modified by the Governor.
If you have questions about your business’s handling of coronavirus related employment or business issues, please contact us at (201) 345-5412 / (646) 503-5358 or through our online scheduling system.