On March 21st New Jersey Governor Murphy issued two executive orders, both of which went into effect at 9 p.m. the same day. The first commands citizens to stay at home, with some exceptions, and compels the shutdown or partial shutdown of certain businesses. The second invalidates conflicting county and municipal orders.
Residents Must Stay Home
New Jersey residents are to remain at home or at their place of residence unless they are “reporting to, or performing, their job.” Other exceptions permit leaving home to obtain goods or services from essential retail businesses (more on those below), or takeout food or beverages from restaurants and similar establishments; to obtain medical attention, essential social services, or assistance from law enforcement or emergency services; to visit family members, romantic partners, or persons for whom the individual is a caregiver; to engage in outdoor activities (while maintaining social distancing); for an educational, religious, or political reason, or because of a reasonable fear for one’s health or safety, or at the direction of law enforcement or other governmental agency.
Closing of Non-Essential Retail Businesses
The premises of non-essential retail businesses must close to the public. However, the order permits the following “essential” businesses to remain open during their normal business hours:
-Food stores;
-Pharmacies;
-Medical marijuana dispensaries;
-Medical supply stores;
-Gas stations;
-Convenience stores;
-Ancillary stores within healthcare facilities;
-Hardware and home improvement stores;
-Retail functions of banks and other financial institutions;
-Retail functions of laundromats and dry-cleaning services;
-Stores that principally sell supplies for children under five years old;
-Pet stores;
-Liquor stores;
-Car dealerships, for the purpose of providing auto maintenance and repair services, and auto mechanics (it is not clear whether the order is designating as essential only auto mechanics employed at car dealerships);
-Retail functions of printing and office supply shops; and
-Retail functions of mail and delivery stores.
Shutdown of Restaurants and Bars
Restaurants and bars must close their dining rooms and on premises consumption. They may continue to operate during normal business hours for takeout or delivery.
Work From Home Requirement
Businesses and nonprofits must permit their workforce to work from home or telework wherever practicable. “Telework” is defined for this purpose as working from home or alternative locations closer to home through the use of technology that equips the individual to access necessary materials. If a business or nonprofit has employees who cannot perform their functions at home or via telework, the business or nonprofit must make “best efforts” to reduce onsite staff to the “minimal number necessary” for “essential functions.”