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30 Nov

November 2020 New Jersey Legal HR Updates

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New Jersey Governor Signs Executive Order 192

What happened?
Governor Murphy signed Executive Order (EO) 192 on October 29, 2020 with an effective date on November 5, 2020.

What are the details?
EO 192 includes many different new requirements for New Jersey employers. EO 192 will apply to every business, non-profit, and governmental or educational entity. The order mainly focuses on new requirements for employers that require or permit employees to work at the physical workplace. Specifically, the requirements touch on the following subjects:

  • Physical distancing
  • Face masks or coverings
    • Includes language permitting employers to deny access to the workplace to individuals who will not wear a face mask or covering
  • Availability of sanitization materials
  • Employee hygiene requirements
  • Workplace sanitization
  • Routine employee health checks
  • Notification requirements for COVID-19 exposures in the workplace

Some employees are exempt from the requirements listed in EO 192 if they interfere with the discharge of their operational duties. These employees are: first responders, emergency management personnel, emergency dispatchers, healthcare personnel, court personnel, law enforcement, corrections personnel, hazardous material responders, transit workers, child protection personnel, child welfare personnel, housing or shelter personnel, military employees, and governmental employees engaged in emergency response activities.

Additionally, the order requires that the New Jersey Department of Labor and Workforce Development produce compliance and safety training for employers and employees through its programs, as well as provide notices or other informational materials to inform workers of their rights and employers of their obligations.

An article going in more detail on the requirements of the executive order can be found here.

The EO can be found here.

What do employers need to do?
New Jersey employers should review the requirements above and update their workplace policies as needed to remain in compliance.


Governor Murphy Signs Industry-Specific COVID-19 Restrictions

What happened?
In response to a recent COVID-19 surge, New Jersey Governor Murphy issued Executive Order (EO) 194, which impacts food and beverage establishments, scholastic and youth sports, and personal care services.

What are the details?
Of the impacted industries, the food and beverage industry were given the majority of the new restrictions. Specifically, those working in these industries will need to drastically reduce their seating capacity, by either spacing out tables by the minimum six feet apart in all directions, or by erecting barriers between tables, per guidance from the New Jersey Department of Health. Indoor operations must cease between the hours of 10:00 p.m. to 5:00 a.m., every day. Additionally, indoor bar areas are now prohibited for establishments to use. However, the order does expand the definition of outdoor seating area to now also include enclosed outdoor areas, provided that they meet certain requirements like ventilation and cleaning requirements.

Youth sports will be restricted by disallowing out-of-state travel for any activities and indoor sports venues are not to be used. These restrictions do not apply to collegiate or professional sports activities.

Personal care facilities will need to limit occupancy of any indoor premises to 2% of the maximum stated capacity. Some impacted businesses include cosmetology shops, barber shops, beauty salons, hair braiding shops, nail salons, electrology facilities, spas, day spas, massage parlors, tanning salons, and tattoo parlors.

An article covering these restrictions can be found here.

The Executive Order can be found here.

What do employers need to do?
New Jersey businesses operating in the impacted industries should update their workplace practices to reflect the new requirements.