We know as well as you that shutting your business and leaving your employees and their dependents unpaid is not the answer. Putting you out of business will not solve anything. Don’t close your business and leave your people to fend for themselves.
Despite media reports that the NJ Governor ordered all businesses to close, that is FALSE.
If you are operating a business in NJ, we have examined the Governor’s order of Saturday, March 21, 2020, and reach the following conclusions:
The business related closures in Executive Order 107 only affect
1) Brick and mortar premises of all non-essential retail businesses are closed to the public (Section 6)
2) Recreational and entertainment businesses are closed (Section 9.)
Since a factory, construction firm, contractor, law firm, accounting firm, etc., are not a retail business and not a recreational nor entertainment business those provisions do not apply.
Section 10 and 11 could be read to apply to these businesses and they relate to accommodating telework where practicable and making best efforts to reduce staff on-site to a minimal number to ensure essential operations can continue. Businesses who document their best efforts may have an advantage and we suggest a spreadsheet of your employees showing their names, function and a column that says onsite/offsite.
For those employees who must be in the business, consider entering in the onsite column “Essential” and in the offsite column “Impossible”. For those that can work offsite and are working offsite, consider entering “Preferable” and “Doable”
Therefore, there is no closure of factories, warehouses, law firms, accounting firms, etc.
And the restrictions on travel specifically allow people to report to work.
Our strong recommendation is that you and your staff have a printed copy [https://nj.gov/infobank/eo/056murphy/pdf/EO-107.pdf] on you at all time to use to show the police and state and city officials that you are operating in your rights.
Remember the Fourth Amendment guaranteeing freedom from search and seizure and the Fifth Amendment guaranteeing that you don’t have to incriminate yourself are still in place.
Call E. David Smith, Esq., at no charge if you have questions about keeping your business operating and dealing with any government officials or police. (973) 365-2770.
Let us know if you need help in applying for recognition as an essential bricks and mortar retail business, if your business is not already listed.
We can show you how to mark up your printed copy so it is a ready reference.
Attached is a copy of the order for your ease of access.
In addition, please be aware that Executive Order 108 prohibits municipalities and counties from making orders that are more stringent than the Governor’s order.
Disclaimer: This email is for educational purposes and is not legal advice. It does not create an attorney client relationship and we cannot guarantee how any government official will act or how any court will review their, or your actions.
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