Executive Order No. 107 (“Executive Order 107”) issued by Governor Phil Murphy on Saturday March 21, 2020 set forth a list of essential retail businesses that can continue to operate, subject to social distancing guidelines.  On March 24, 2020, the New Jersey State Director of Emergency Management expanded Executive Order 107 to include certain other essential retail businesses.

On Wednesday March 25, 2020, Governor Phil Murphy issued Executive Order No. 110 (“Executive Order 110”) which focuses on the closure of child care facilities by April 1, 2020, except for emergency child care services for “essential persons”.   While Executive Order 110 focuses on child care, its non-exhaustive list of “essential persons” provides a further understanding of essential services and businesses.  Pursuant to Executive Order No. 110, “essential person” includes:

  • Healthcare workers, including staff working in healthcare facilities and in community-based services including home health and behavioral health;
  • Law enforcement personnel, fire and emergency services personnel, and staff at correctional facilities;
  • Individuals employed at emergency child care centers operating on or after April 1, 2020;
  • Staff working for entities that provide essential social services, including, but not limited to, group home and shelter staff;
  • Essential government employees who are unable to work from home, including child protection services workers, child welfare workers, foster case workers, unemployment compensation processing staff, and public health employees; and
  • Critical workers, as defined by the Commissioner of the Department of Children and Families, at essential retail business, as defined in Executive Order 107.

Executive Order 110 can be found here.  Please do not hesitate to contact Cole Schotz P.C. with any questions regarding this alert. We will continue to provide updates as the situation evolves.