Workforce Bulletin

On October 5, 2021, New Jersey Governor Phil Murphy signed A681 (“Law”) into law, strengthening the state’s protections against age discrimination by amending the Law Against Discrimination (LAD) to:

• delete the provision that had allowed employers not to hire or to promote employees over age 70 because of their age;
• delete the provision that permitted higher education institutions to require tenured employees to retire at 70 years old; and
• provide that an employee may seek all remedies permitted by the LAD if required to retire because of age, instead of being limited to ...

On August 6, 2021, New Jersey Governor Philip Murphy signed Executive Order 252 (“Order 252”) requiring health care and high-risk congregate settings to maintain a policy requiring workers to either provide adequate proof of vaccination or submit to weekly COVID-19 testing. Although Governor Murphy declared an end to the state’s Public Health Emergency in June, he retained the authority to issue orders related to vaccine distribution, administration, and management as well as COVID-19 testing and data collection. Following the CDC’s vaccine guidance, Order 252 ...

With New Jersey experiencing a second wave spike of COVID-19 infections and with holiday season gatherings upon us, on November 30, 2020 Governor Phil Murphy issued Executive Order 204 (“EO 204” or the “Order”) tightening restrictions on outdoor gatherings and pausing indoor practices and competitions for youth and adult sports.

Indoor Youth and Adult Sports

With limited exception, EO 204 prohibits youth and adult indoor sports practices, competitions, and other organized sporting activities from December 5, 2020 until January 2, 2012. The prohibition will not affect ...

The rising number of COVID-19 cases in New Jersey has prompted Governor Phil Murphy to issue two new Executive Orders aimed at tightening restrictions on businesses and activities, with a goal of slowing the spread of the virus: (1) Executive Order 194 (“EO 194”) sets limits on indoor operations for bars/restaurants, prohibits indoor interstate youth sports competitions, and clarifies occupancy limits for personal care services; and (2) Executive Order 196  (“EO 196”) tightens prior restrictions on indoor and outdoor gatherings.

EO 194

Indoor/Outdoor Dining

EO 194 ...

[Update: Governor Murphy has extended the public health emergency several additional times, and it is now in place until approximately January 20, 2021.]

On July 2, 2020, New Jersey Governor Phil Murphy signed Executive Order 162 (“EO 162”) extending the state’s Public Health Emergency by thirty days, i.e., until approximately August 2, 2020. Pursuant to EO 162, all Executive Orders and actions taken by any Executive Branch departments and agencies (including Administrative Orders) that were adopted in whole or in part based on the current Public Health Emergency will ...

On June 26, 2020, New Jersey Governor Phil Murphy issued Executive Order 157 (“EO 157”), which details rules for the reopening of indoor retail, recreational and entertainment businesses (including casinos) and individual instruction at gyms.  Initially, EO 157 also permitted indoor dining (with restrictions) to begin on July 2, 2020,  but Gov. Murphy reversed that decision three days later via Executive Order 158 (“EO 158”) and has said that indoor dining in New Jersey will continue to be prohibited indefinitely.  Gov. Murphy based this reversal on the “spikes in ...

Update:  On August 3, 2020, Gov. Murphy signed Executive Order 173 retightening  restrictions on permissible indoor gatherings to 25%  of a room’s capacity, with a maximum of 25 individuals.  The new limit does not apply to weddings, funerals, memorial services and religious and political activities protected under the first amendment. These gatherings will remain to 25% capacity and 100 maximum attendance.

On June 22, 2020, New Jersey Governor Phil Murphy issued Executive Order 156  (“EO 156”), which, effective immediately, increases the permissible number of attendees at ...

On June 18, 2020, New Jersey Governor Phil Murphy issued Executive Order 155 (“EO 155”), which as of July 1, 2020, allows degree-granting public and private institutions of higher education (“IHE”) to resume instruction that cannot be readily taught other than in-person.  Specifically, EO 155 allows resumption of in-person labs, technical, clinical, or hands-on instruction, with enhanced health and safety protocols.

IHEs that are authorized and intend to resume in-person instruction pursuant to EO 155 must submit a restart plan to the Secretary of Higher Education (the ...

New Jersey Governor Phil Murphy issued Executive Orders last week increasing the permissible number of attendees for indoor and outdoor gatherings, lifting part of a prior Executive Order that had directed residents to stay home, and setting a date and requirements for the reopening of outdoor pools and other outdoor entertainment and recreation.

Executive Order 152 – Expanding the Limits on Indoor and Outdoor Gatherings

On June 9, 2020, Gov. Murphy signed Executive Order 152 (“EO 152”), which effective immediately, permits an increased number of people at indoor and ...

Citing the continuing need to protect the New Jersey residents from COVID-19 (even as the state ramps up its reopening), on June 4, 2020, New Jersey Governor Phil Murphy signed Executive Order 151 (“EO 151”) , extending the state’s Public Health Emergency by thirty days, i.e., until July 4, 2020. Pursuant to EO 151, all Executive Orders and actions taken by any Executive Branch departments and agencies (including Administrative Orders) that were adopted in whole or in part based on the current Public Health Emergency will remain in full force and effect. A declared public health ...

On May 13, 2020, New Jersey Governor Phil Murphy issued Executive Order 142 , which allows for the resuming of non-essential construction projects (subject to certain conditions and restrictions), the reopening of retail businesses (curbside pickup only) and permitting public gatherings of more than 10 people so long as attendees stay in closed (or socially distant) vehicles.   Some of the provisions of Executive Order 142 take effect immediately, and others at 6:00 a.m. on Monday, May 18, 2020.

Non-Essential Construction

Previously, Gov. Murphy permitted the operation of ...

On May 6, 2020, New Jersey Governor Phil Murphy signed Executive Order 138, in which he extended the Public Health Emergency by 30 additional days, until June 5, due to the continuing need to protect the health, safety and welfare of New Jersians from COVID-19.  Executive Order 138 also states that all Executive Orders and actions taken by any Executive Branch departments and agencies (including Administrative Orders) that were adopted in whole or in part based on the current Public Health Emergency will remain in full force and effect.

Gov. Murphy originally declared both a State of ...

New Jersey Governor Phil Murphy and Superintendent of the State Police Colonel Patrick Callahan (who also acts as the State Director of Emergency Management) issued orders this week lifting some closures and reiterating or clarifying others, as follows.

Administrative Order 2020-10

On April 27, 2020, in Administrative Order 2020-10 (“A.O. 10”) , Col. Callahan clarified and amended Executive Order 107 (which we wrote about here).  A.O. 10, which became effective immediately, permits the reopening of certain business operations now deemed “essential retail business,” ...

On February 19, 2019, New Jersey Governor Phil Murphy signed into law A 3975 (“the Law”), which significantly expanded the state’s the Family Leave Act ("NJFLA"), Family Leave Insurance Act ("NJFLI"), and Security and Financial Empowerment Act (“SAFE Act”).  We prepared an Act Now Advisory, summarizing the extensive changes made by the Law, including, among other things, the expanding and making uniform the definition of “family member” for all three laws, and, effective June 1, 2019, extending the NJFLA to employers that have 30 or more employees.

In response ...