Cedar Grove, New Jersey – March 18, 2020
On March 9 and 13, 2020, the Governor of the State of New Jersey and the President of the United States declared a State of Emergency and National Emergency in response to the dangers posed by COVID-19. Then, on March 16, 2020, the Governor of New Jersey issued an Executive Order announcing “Aggressive Social Distancing Measures to Mitigate Further Spread of COVID-19 in New Jersey,” which requires many businesses to shut down altogether or otherwise limit their operations. County and local governments in New Jersey and other states have implemented additional measures of varying degrees in their efforts to slow the spread of COVID-19. These national, state, and local declarations have caused significant uncertainty for employers across the State.
While the emergency declarations give the government the authority to suspend the enforcement of certain laws, employers must be mindful of the myriad laws that continue to govern their relationship with employees. Indeed, employers must be even more aware of their obligations (and their rights) and ensure on-going compliance with relevant federal and state laws. Employers must also stay up to date with public health advice and information and must make reasonable assessments of workplace conditions based on the most updated information available. Employers who rely on federal and state guidance can protect themselves against allegations that they failed to take reasonable steps to protect their workforce and that they engaged in discriminatory conduct.
Following are answers to many questions frequently asked by employers (and some questions that employers should be asking).
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