UPDATE 7/22/2020: Businesses That May Open, Guidance & Guidelines

SOURCE: Business.NJ.gov


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 may be open, 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]. The reopening of indoor dining spaces has been indefinitely postponed; indoor dining is not currently allowed. Restaurants may offer in-person dining service in areas with a fixed roof if two sides are open, comprising over 50% of their total wall space; under Executive Order 163, these areas are considered outdoor.


Microbreweries and brewpubs may be open for home delivery. Depending on the type of license they hold, outdoor service may also be allowed; business owners should consult Executive Orders 150 and 157 and the Division of Alcoholic Beverage Control's ruling [PDF] to determine if they qualify.


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; clients may receive services that require the removal of a face covering, provided that clients wear a face covering at all times before and after the service.


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.


All outdoor recreational and entertainment businesses may be open, including outdoor amusement parks and outdoor water parks as of July 2, 2020, following Department of Health Standards for Pools and Aquatic Recreation Facilities [PDF] and Standards for Outdoor Amusement and Water Parks [PDF], including that park attendance must be kept at 50% of capacity, face coverings are required of all staff and attendees where practicable, and rides must be configured to ensure 6 feet distance between groups and those waiting for rides.


Indoor recreational facilities, museums, and aquariums may be open, following all requirements of Executive Orders 157 and 158, including 25% capacity and required face coverings. Examples of indoor recreational facilities include indoor bowling alleys, batting cages, shooting ranges, and arcades, and facilities for activities like dance, karate, arts and crafts, music lessons, theatre programs, gymnastics, indoor tennis, and yoga. Pools may be open and must follow requirements in Executive Orders 153 and 157 and the Department of Health Standards for Pools and Aquatic Recreation Facilities [PDF], including implementing a COVID-19 Pool Operation Prevention Plan. Any activity in licensed health clubs such as gyms, fitness centers, or health facilities must comply with protocols for individualized training sessions in Section 10 of Executive Order 157, including limiting training to an individual and their household members, separated by room or floor-to-ceiling barriers. Gyms and fitness centers must remain closed for all other purposes, including classes. Indoor entertainment venues such as movie theaters, performing arts centers, concert venues, and nightclubs remain closed. Indoor amusement parks and water parks remain closed.


Casinos may be open, at 25% capacity and following all requirements from Executive Orders