New Jersey Adds to List of “Essential” Retail Businesses Permitted to Remain Open Pursuant to Executive Order 107

We recently reported that on March 21, 2020, Governor Philip D. Murphy’s Executive Order (EO) No. 107 ordered that all non-essential retail businesses close their physical locations in New Jersey until further notice effective immediately. On March 30, 2020, New Jersey expanded, for the second time, the list of essential retail businesses whose physical locations are permitted to continue operating during their normal business hours (which were originally included in EO 107’s order to close “nonessential” businesses to prevent the further spread of COVID-19).

New Jersey Expands the List of Essential Retail Businesses Permitted to Remain Open in Accordance With Executive Order 107

On March 21, 2020, New Jersey Governor Phil Murphy issued Executive Order No. 107 (EO 107), which ordered all nonessential retail businesses to close their physical locations in New Jersey until further notice. Then on March 24, 2020, the state expanded the list of essential retail businesses whose physical locations are permitted to continue operating during their normal business hours.

New Jersey Governor Issues Stay Home Executive Order Closing Non-Essential Retail Businesses

On March 21, 2020, Governor Phil Murphy signed Executive Order (EO) No. 107, requiring New Jersey residents to stay at home and closing the physical location of any non-essential retail business so long as the order stays in effect. Although their “brick-and-mortar” locations must remain closed, businesses may continue to operate their online and telephone delivery services to the extent they are licensed to do so. The order went into effect on March 21, 2020, at 9:00 p.m.

FMLA Policy in Handbook Does Not Satisfy Individualized Notice Requirements of FMLA, New Jersey District Court Holds

The Family and Medical Leave Act (FMLA) requires that employers provide both general notice to their employees of their rights under the FMLA and individualized notice to employees requesting or inquiring about leave. In Young v. Wackenhut Corp., 2013 WL 435971 (D.N.J., February 1, 2013), the New Jersey District Court addressed whether an employer satisfied

Social Networking Privacy Bill Appears Ready to Reach New Jersey Governor’s Desk

On November 19, 2012, the New Jersey Assembly had a second reading of a bill (A2878) that would, among other things, prohibit employers from seeking or requiring current or prospective employees to disclose their usernames or passwords for personal social networking sites, such as Facebook and Twitter. The Assembly already passed a prior version of this bill, as did the Senate.

Bill Introduced to Establish Two-Year Statute of Limitations for Most New Jersey Civil Actions

On October 18, 2012, a bill (A3412) was introduced in the New Jersey Assembly to establish a default two-year statute of limitations for most civil actions. Significantly for employers, this would increase the statute of limitations for a defamation claim (currently one year), decrease the statute of limitations for a breach a contract claim (currently

Bill Introduced to Allow New Jersey Employees Access to Their Personnel Records

On October 15, 2012, a bill (A3374) was introduced in the New Jersey Assembly that would require employers with five or more employees to allow their employees access to inspect and copy their personnel records up to twice a year (including up to one year following termination), within seven days of such a request. Employees who disagree with information contained in their files would be permitted to submit an explanatory statement, which would be placed in the file.

New Jersey Assembly and Senate Amend Domestic Violence Leave Bills

As previously reported in the July 2012 issue of the New Jersey eAuthority, several pending bills (A2919 and S2177) would require employers to provide unpaid leave to employees who are victims of domestic violence or sexual assault, or who need leave to care for certain others who are victims of such abuse. Both of these bills, known as the “NJ SAFE Act,” were amended in October.

New Jersey Assembly Amends “New Jersey Employer Identity Disclosure Act”

As previously reported in the October 2012 issue of the New Jersey eAuthority, a bill (A3365) was introduced in the Assembly that would require employers, upon request, to provide prospective employees with a statement disclosing the name of the employer directing the work and paying compensation to the applicant upon accepting employment and the precise address of that employer.

New Jersey Assembly Introduces Bill to Require Bi-Annual Notice Regarding Temporary Disability Leave Benefits

As discussed at length in the June 2012 issue of the New Jersey eAuthority, a bill (S2044) was introduced in the state Senate seeking to greatly expand employers’ notice obligations under the state Family Leave Insurance (FLI) and Temporary Disability Insurance (TDI) laws. On October 15, 2012, a parallel Assembly bill (A3389) was introduced.