UPDATE 6/30/2020: Business That May Open & The Guidelines to Follow
Businesses opening brick and mortar locations are advised, in addition to all State rules below, to follow CDC business guidance and OSHA workplace guidance, which includes: industry-specific guidelines for a variety of industries; a 35-page guide on preparing workplaces [PDF]; and record keeping requirements. The CDC offers a decision-making tool to assist employers in making (re)opening decisions, especially to protect vulnerable workers. Employers with questions about their responsibilities regarding return to work can review the NJ Department of Labor's site for Employers and Businesses. Businesses That May Be Open
If your business is not a retail business, you have been allowed—and may continue—to operate, but you must let your workers work from home whenever possible. The U.S. Department of Labor has guidance on the Fair Labor Standards Act pertaining to your obligations to employees regarding telework. If you have employees that need to be on site, you must keep them to the minimum number needed for critical operations; examples of these include cashiers, store clerks, construction workers, repair workers, warehouse workers, lab researchers, custodial staff, and certain administrative staff. Any building open to workers must follow minimum cleaning protocols as described in Executive Order 122. Retail businesses may be open to customers while following Department of Health Guidance for Retail Businesses [PDF], including limiting occupancy to 50% of store capacity, installing a physical barrier such as a shield guard where possible and wherever you cannot maintain 6 feet of social distancing, all required infection control practices, and mandating everyone in the store to wear face coverings. Indoor portions of retail shopping malls are allowed to be open as of Monday, June 29, 2020, while common areas such as communal seating and food courts and entertainment businesses must remain closed. Bars and restaurants are open for drive-through, delivery takeout, and outdoor dining, while following Department of Health Guidance for Bars and Restaurants [PDF] and Department of Health Protocols for Outdoor Dining [PDF], and the Division of Alcoholic Beverage Control Expansion Permit process [PDF]. The reopening of indoor dining spaces has been indefinitely postponed; indoor dining is not currently allowed. Microbreweries and brewpubs may open for home delivery. Depending on the license they hold, they may be able to open for outdoor dining, subject to the guidance for restaurants and bars. Personal care businesses may be open. These include: beauty salons; barber shops; cosmetology shops; day spas (but not saunas, steam rooms, or shared bathing facilities) and medical spas which solely perform elective and cosmetic medical procedures; electrology facilities; hair braiding shops; massage parlors; nail salons; tanning salons; and tattoo parlors. Licensed businesses must abide by the Division of Consumer Affairs' comprehensive safety standards for Cosmetology, Massage, and Bodywork licensees [PDF], including providing services by appointment only, prescreening and temperature checks of clients and staff, and staff-client pairs remaining at least 6 feet apart unless separated by physical barriers. Tattoo and tanning facilities must follow Department of Health standards for tanning and body art establishments [PDF]. Everyone in a personal care business must wear a face covering at all times, and no services may be performed that would require the removal of the client’s face covering, except by a client face down on a massage table. Child care centers may be open to all clients. The Department of Children and Families' Child Care Safety Requirements [PDF] specify rules which centers must abide, and each child care center must submit an attestation to the Department of Children and Families no later than 24 hours prior to the anticipated opening date, or in the case of previously operating emergency child care centers, within fourteen days of the effective date of Executive Order No. 149, attesting that it will follow all applicable health and safety standards. Libraries may offer curbside pickup. Library buildings remain closed to patrons. Libraries will be able to reopen doors to patrons July 6, 2020, at 25% capacity. Golf courses may be open as long as they adopt policies that include: tee times at least 16 minutes apart; limiting golf carts to a single occupant; restricting players' ability to touch the flagstick, hole, and other surfaces; and requiring face coverings, sanitization, and social distancing. Four player tee-times, forecaddies, equipment rentals, and restrooms are allowed. Refer to Executive Orders 133 and 147 for all requirements. Recreational campgrounds, both public and private, may be open. Certain other outdoor recreational areas and businesses may operate as well, within a capacity limit of 25 individuals. These include batting cages and golf ranges, shooting and archery ranges, horseback riding, private tennis clubs, and community gardens. Refer to Executive Order 147 for all requirements. All outdoor recreational and entertainment businesses may be open, with the exception of amusement parks, water parks, and arcades. Outdoor amusement parks and outdoor water parks will be able to reopen July 2, 2020. Park attendance will be kept at 50% of capacity, face coverings will be required of all staff and attendees where practicable, and rides will be configured to ensure 6 feet distance between groups and those waiting for rides. Municipal and private-club swimming pools may be open. Department of Health Pool Standards [PDF] must be followed, which include but are not limited to: reduced capacity, social distancing in and out of the water, staff fever screening, and maintaining a patron sign-in sheet. Prior to June 22, pool facilities have been allowed to be open for the purpose of lifeguard training and lifeguard swimming lessons. Summer camps will be able to use their pools when they reopen on July 6. Organized sports activities may operate. Activities will be limited to sports activities conducted outside, and there can be no contact drills or activities. Department of Health Guidance for Sports Activities must be followed. Horse-racing can take place. Fans will not be allowed into racetrack grandstands. Gatherings of vehicles, such as drive-in movies or religious services, are allowed, so long as all participants remain in their vehicle, all vehicles remain closed (unless the vehicles are at least 6 feet apart), organizers wear face coverings and all appropriate protective equipment, and contactless payment is offered. Chartered-boat services, including fishing and watercraft rentals, may operate. Transportation Carriers must comply with restrictions in Executive Order 125, which include, but aren't limited to, cutting capacity on all trains, buses, light rail vehicles, and paratransit vehicles to 50% of maximum, allowing back door entry where possible, infection control practices, and requiring face coverings. If your business falls into one of the blanket exemption categories, you may operate; these businesses include:
Health care or medical service providers;
Essential services for low-income residents, including food banks;
Federal government operations, or the movement of federal officials in their official capacity.
Construction projects, including nonessential construction, may operate; construction projects must follow all protocols in Paragraph 2 of Executive Order 142, including social distancing, limited sharing of tools or machinery, limited meeting size and staggered start times, all required infection control practices and sanitation, and required face coverings. Businesses That Must Be Closed
Other recreational and entertainment businesses must be closed; these types of businesses include:
Casino gaming floors, including sports wagering lounges and concert/entertainment venues;
Gyms and fitness centers, including classes;
Entertainment centers, including movie theaters, performing arts centers, concert venues, and nightclubs;
Indoor parts of shopping malls. Restaurants and other stores in shopping malls that have their own external entrances may continue offering food delivery and/or take-out services;
All indoor places of public amusement, including locations with amusement parks, water parks, aquariums, zoos, arcades, fairs, children’s play centers, funplexes, theme parks, bowling alleys, family and children’s attractions. Outdoor amusement parks, water parks, and arcades remain closed as well.
Casinos may reopen on July 2, 2020, at 25% capacity. Further health and safety guidance will be forthcoming. Racetracks will be able to reopen for in-person bets, including at their sportsbooks and lounges, as long as they abide by applicable gathering limits. Museums, aquariums, and indoor recreational facilities will be able to reopen on July 2, 2020, 25% capacity and with required face coverings. This includes indoor bowling alleys, batting cages, shooting ranges, and arcades. Indoor entertainment venues, such as movie theaters, performing arts centers, concert venues, and nightclubs will remain closed. Gyms and fitness centers will remain closed as well, though individualized training sessions will be available by appointment, with detailed standards forthcoming. Career and training schools will be able to reopen on July 1, 2020. Health and safety protocols will be forthcoming. In-person clinical, lab, and hands-on programming at institutions of higher education will be able to resume July 6, 2020, subject to the submission of the institution’s restart plan. Youth day camps will be able to resume on July 6, 2020, including municipal summer recreation programs, only if they comply with required youth camp COVID-19 standards and they submit an attestation at least 24 hours prior to opening; see the Department of Health's Youth Camps page for all guidelines and forms. Residential and overnight camps are prohibited from operating. Other Information
Gatherings of individuals, such as parties, celebrations, or other social events, are allowed at limited capacities and also subject to all other current business closures and restrictions. Indoor gatherings are permitted at 25% of a building's capacity or 100 persons, whichever is lower; attendees at indoor gatherings must wear face coverings and stay 6 feet apart. Outdoor gatherings are limited to 250 persons, with an exception allowing no limits for First Amendment-protected outdoor activity, including political protests or outdoor religious services. (The CDC defines gatherings to include conferences, large meetings, parties, festivals, events, weddings, and other types of assemblies.) Manufacturing, industrial, logistics, ports, shipping, food production, food delivery, and other commercial operations may continue to operate; manufacturing, warehouses, and other commercial buildings must follow protocols as described in Paragraphs 3, 4, and 5 of Executive Order 122, including immediate separation of workers with COVID-19 symptoms, notification of any workers exposed to COVID-19, limited group size and staggered start times, all required infection control practices and sanitation, and required face coverings. Marine terminals in the Port of New York and New Jersey are open and fully operational. For additional information and updates, please check the Port of NY & NJ website as well as register for Port e-alerts, log into the Port Truck Pass portal, or subscribe to the Breaking Waves newsletter. Medical facilities may continue to operate. Medical facilities include any facility where a sick or injured person is given care or treatment, such as: doctor’s offices, hospitals, dentist offices, long-term care facilities, and other medical offices. Governor Murphy also signed Executive Order 108, which invalidates any county or municipal restrictions that conflict with Executive Order 107. The only exceptions are: 1) short-term rentals and online marketplaces offering lodging; 2) municipal or county parks; 3) beaches and boardwalks. If any business is violating the required guidelines, you can report it to the State at covid19.nj.gov/violation, or to your Local Health Department, which you can identify with the Find Your Local Health Department tool. Updated: June 30, 2020 Source: Executive Order Nos. 107, 108, 110, 133, 142, 147, 149, 150, 152, 153, 154, 155; Administrative Orders 2020-5, 2020-6, 2020-8, 2020-10, 2020-13; April 18 Press Release on Marinas and Boatyards