New Jersey Gov. Phil Murphy has ordered all non-essential retail businesses in New Jersey to close in hopes of slowing the spread of COVID-19. Murphy issued an executive order Saturday that directs almost all residents of the state to stay at home. The order comes on the heels of governors in several other states making similar declarations, as well as a spike in the number of New Jerseyans infected with the virus.
Other businesses, including law firms, are directed to have most of their workforce, "wherever practicable," telework from home, with the exception of employees who cannot perform their functions via these arrangements. Executive Order 107 can be found here in its entirety. Specifically, page 10, paragraphs 10 and 11 apply to law firms.
Here is the text of those paragraphs:
"10. All businesses or non-profits in the State, whether closed or open to the public, must accommodate their workforce, wherever practicable, for telework or work-from-home arrangements. For purposes of this order, "telework" means the practice of working from home or alternative locations closer to home through the use of technology that equips the individual to access necessary materials."
"11. To the extent a business or non-profit has employees that cannot perform their functions via telework or work-from-home arrangements, the business or non-profit should make best efforts to reduce staff on site to the minimal number necessary to ensure that essential operations can continue. Examples of employees who need to be physically present at their work site in order to perform their duties include, but are not limited to, law enforcement officers, fire fighters, and other first responders, cashiers or store clerks, construction workers, utility workers, repair workers, warehouse workers, lab researchers, information technology maintenance workers, janitorial and custodial staff, and certain administrative staff."
The New Jersey State Bar Association, with support from county and affinity bars, successfully advocated that the legal community is an integral part of ensuring that people have access to justice, especially in these critical and uncertain times. A complete closing of law firm offices would mean many law firms, especially smaller firm practices that make up a large percentage of the firms in the state, would not be able to function and serve the myriad legal needs that exist in their communities. See our letter here.
The Association stands ready to assist any members of the legal community with questions about converting their office to a virtual operation. A series of free webinars has been created to address questions about how to practice law remotely. Visit njicle.com as more are being added to the calendar.
Here is a website that has been created to address questions about the executive order and how it could affect businesses.
And here are some answers to frequently asked questions about the executive order.------------------------------
Barbara Straczynski
Director of New Media and Promotions
New Jersey State Bar Association
New Brunswick NJ
(732) 937-7524
[email protected]------------------------------