Duane Morris Government Strategies, LLC pic

How does Executive Order No.108 on closures and social distancing affect your New Jersey business?

The governor of New Jersey on Saturday issued a stay-at-home order for nearly all of the state’s 9 million residents in the fight against the spread of the coronavirus.

And yet there is still confusion as to the Executive Order’s scope.

What the executive order does:

Prohibits certain activities where people traditionally gather together such as: Parties, celebrations, or social events;

Closes certain “Brick-and-mortar” premises of all non-essential retail businesses.

Non-retail businesses:

Non-retail businesses appear to have latitude to continue operating if telework is not feasible.  The Order recognizes that certain businesses and non-profit institutions will need to have employees at the work site in order to maintain essential business operations. There are examples given that are not exhaustive but illustrative, among them, “information technology maintenance workers.”

But all businesses, both retail and non-retail, must use “best efforts” to reduce staff.

All businesses, “must accommodate their workforce, wherever practicable” for telework and work-from-home, and use “best efforts” to reduce staff to the minimal necessary to ensure essential operations continue.

Travel Letter:

The Order does allow people to travel to and from their places of business and recommends that employers provide “a letter indicating that the employee works in an industry permitted to continue operations.”

Although the Order doesn’t directly reference federal  government guidelines recently issued by the Cybersecurity and Infrastructure Security Agency (CISA) with respect to critical infrastructure industries, it appears to be safe to conclude that those businesses that fall within those categories are permitted to continue operating if telework is not feasible.

State Director of Emergency Management:

If you are a retail business or operation  and believe that by your “uniqueness ” you should be included as “essential,” you may submit it to the State Director of Emergency Management, who is the Superintendent of State Police. The Director has the discretion to make additions, amendments, clarifications, exceptions, and exclusions to these lists.

Published by

Martin Milita

Martin Milita is a Senior Director at Duane Morris Government Strategies, LLC. Duane Morris Government Strategies (DMGS) supports the growth of organizations, companies, communities and economies through a suite of government and business consulting services. The firm offers a range of government relations and public affairs services, including lobbying, grant writing; development finance consulting, media relations management, grassroots campaigning and community outreach. Milita works at the firm’s Trenton and Newark New Jersey offices. Visit his blog at: https://martinmilita1.wordpress.com Follow him on twitter: @MartinMilita1 https://www.facebook.com/martin.milita http://www.dmgs.com/ BLOGROLL Martin Milita – About.me Martin Milita :: Pinterest Martin Milita @ Twitter Martin Milita at Slideshare Martin Milita on Google+ Martin Milita Yola Site Martin Milita | Xing

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s