The coronavirus and the illness that it causes, COVID-19, have made vast changes to workplaces in New Jersey, the U.S., and worldwide over the course of less than a month. Public health experts have recommended “social distancing” as a way to slow the spread of the virus while the healthcare system rushes to get ready. The governor of New Jersey has issued a series of executive orders (EOs) closing many “non-essential” businesses and instructing others to allow remote working whenever possible. The EOs direct businesses to follow public health guidelines in order to protect workers who must report to their workplaces. This raises important legal questions that have no clear answers yet.
In this environment of social distancing, what are employees’ rights if their employer requires them to come to work when their business is not “essential”? What if their employer will not allow them to work remotely, even though doing so would be feasible? What if an employer endangers employees’ health by failing to follow public health officials’ recommendations?
Executive Orders and the Effect on New Jersey Businesses
EO 104, signed on March 16, ordered certain businesses to close their facilities to the public, including gyms, movie theaters, and nightclubs. Restaurants could only remain open for take-out orders and food delivery. “Non-essential” retail businesses were ordered to cut their hours. Retail operations deemed “essential” include:
– Grocery stores;
– Pharmacies;
– Healthcare facilities; and
– Gas stations.
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