UPDATE 9/21/20: Business That May Open, Guidance and Guidelines to Follow

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 accommodate your workforce, wherever practicable, for telework or work-from-home arrangements. 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.


Food or beverage establishments may be open, including restaurants, bars, cafeterias, and food courts, as well as all holders of a liquor license with retail consumption privileges. Establishments must follow Department of Health Protocols for Outdoor Dining [PDF] and Health and Safety Standards for Indoor Dining [PDF]. Areas with a fixed roof, if two sides are open, comprising over 50% of their total wall space, may operate under rules for outdoor dining under Executive Order 163.


Microbreweries and brewpubs may be open for home delivery. Depending on the type of license they hold, food 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; under Executive Order 157, 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 recreational and entertainment businesses may be open, including outdoor and indoor amusement parks and water parks, following requirements detailed in Executive Order No. 157, Executive Order No. 181, and the Department of Health's Health and Safety Standards for Outdoor and Indoor High-Touch Amusement and Recreation Activities, including but not limited to: capacity at 50% for outdoor areas and 25% for indoor premises; face coverings worn at all times except in the water; rides configured to ensure 6 feet of distance between groups and those waiting. Water parks must also adhere to the requirements of EO153 and the Health and Safety Standards for Pools and Aquatic Recreation Facilities.

Entertainment centers where performances are viewed or given may be open, including movie theaters, performing arts centers, and other concert venues, following requirements in Executive Order 183, including 25% capacity or 150 people (whichever is less), groups must stay at least 6 feet apart, and masks must be worn at all times, unless they are removing them to eat or drink concessions.


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 m