One June 15, 2020 and June 24, 2020, New York Governor Andrew Cuomo issued two Executive Orders (“EO”) numbers 202.45 and 205, which address COVID-19 travel-related restrictions. EO 202.45 temporarily modifies New York State’s pandemic-related Sick Leave Law to prohibit employees from receiving paid sick leave benefits if, as of June 25, 2020, they travel to a “restricted state” for non-work related reasons and contract COVID-19. EO 205 (the “Travel Advisory”) imposes a 14-day quarantine requirement on travelers from a “restricted state” entering New York. For the purposes of both orders, a “restricted state” is a state with a COVID-19 positive test rate higher than 10 per 100,000 residents, or higher than a 10% test positivity rate, over a seven day rolling average, based on data provided by the states.
New York State Executive Order Requires Out-of-State Travelers to Quarantine and Amends Covid-19 Sick Leave Law
On July 2, 2020, New Jersey Governor Phil Murphy signed Executive Order 162 (“EO 162”) extending the state’s Public Health Emergency by thirty days, i.e., until approximately August 2, 2020. Pursuant to EO 162, all Executive Orders and actions taken by any Executive Branch departments and agencies (including Administrative Orders) that were adopted in whole or in part based on the current Public Health Emergency will remain in full force and effect. A declared public health emergency gives Gov. Murphy and state department leaders expanded authority to respond to a crisis such as COVID-19.
New Jersey: Rules for Re-Opening Indoor Retail, Recreational and Entertainment Businesses and Individual Instruction at Gyms
On June 26, 2020, New Governor Phil Murphy issued Executive Order 157 (“EO 157”), which details rules for the reopening of indoor retail, recreational and entertainment businesses (including casinos) and individual instruction at gyms. Initially, EO 157 also permitted indoor dining (with restrictions) to begin on July 2, 2020, but Gov. Murphy reversed that decision three days later via Executive Order 158 (“EO 158”) and has said that indoor dining in New Jersey will continue to be prohibited indefinitely. Gov. Murphy based this reversal on the “spikes in COVID-19 cases” in other states that have allowed indoor dining and the need to remove masks indoors for extended periods while eating and drinking.
On June 7, 2020, Governor Lamont issued Sector Rules that Connecticut businesses must follow in order to open during Phase 2 of the state’s reopening plan.
Phase 2 (which began on June 17, 2020) includes the following sectors:
- Amusement parks
- Restaurants (indoor)
- Museums, zoos and aquariums
- Indoor recreation (e.g. bowling, movie theaters etc.)
- Outdoor events
- Personal services (e.g. nail salons, tattoo parlors, etc.)
- Sports and fitness facilities (e.g. gyms, fitness centers, pools, etc.)
- Film, television and digital media production
All information contain within this update is accurate at the time of publication. During these unprecedented times where the situation is constantly changing at pace it is vital that you take expert advice where necessary. Please do not hesitate to contact us if you wish to discuss any issues covered in these updates further. The Hill Brown Licensing Team and the wider team at Miller Samuel Hill Brown remain committed to providing the fullest possible service for the trade at this extremely challenging time. Read more…
NJ Governor Again Increases Permissible Size of Gatherings and Clarifies the Meaning of “Outdoor Area” for Purposes of Outdoor Dining
On June 22, 2020, New Jersey Governor Phil Murphy issued Executive Order 156 (“EO 156”), which, effective immediately, increases the permissible number of attendees at indoor and outdoor gatherings from the limits he established in Executive Order 152 (“EO 152”) (which we wrote about here).
Texas Local Governments Impose New Face Covering and Health and Safety Plan Requirements Upon Employers, As COVID-19 Cases Surge
For the last two weeks, Texas is continuing to break records for daily coronavirus cases and hospitalizations. According to the Texas Department of State Health Services, on June 23, 2020 Texas had the highest daily number of COVID-19 cases (5,489) since the pandemic began, and for twelve consecutive days had record-high hospitalizations. Also on Wednesday, June 23rd, Houston Mayor Sylvester Turner said 97% of the intensive care unit beds in Houston are filled. Governor Abbott acknowledged this week that there is a massive outbreak of COVID-19 across the state of Texas, and announced that his office is examining greater localized restrictions. Since June 3, Texas has been in Phase III of reopening, whereby all businesses in Texas are permitted to operate at up to 50% capacity, with very limited exceptions, and since June 12, 2020, restaurants have been permitted to expand their occupancy levels to 75%.
On June 18, 2020, New Jersey Governor Phil Murphy issued Executive Order 155 (“EO 155”), which as of July 1, 2020, allows degree-granting public and private institutions of higher education (“IHE”) to resume instruction that cannot be readily taught other than in-person. Specifically, EO 155 allows resumption of in-person labs, technical, clinical, or hands-on instruction, with enhanced health and safety protocols.
IHEs that are authorized and intend to resume in-person instruction pursuant to EO 155 must submit a restart plan to the Secretary of Higher Education (the “Secretary”), in accordance with the Restart Standards for All New Jersey Institutions of Higher Education, no later than 14 days prior to the expected date of implementation of the plan. Certain IHEs that had previously received a waiver to hold in-person instruction pursuant to Executive Orders No.104 and 107 (2020) must do so by July 2, 2020 (i.e., within two weeks of E.O. 115’s date of issuance).
NJ Governor Permits Hair Salons and Other Personal Care Services Facilities to Reopen on June 22, 2020, Provided They Comply with Health Safeguarding Requirements
On June 13, 2020, New Jersey Governor Phil Murphy signed Executive Order 105 (“EO 154”), permitting the reopening of “personal care service facilities,” at 6:00 a.m. on June 22, 2020, provided the facilities comply with mandated social distancing and other health safeguarding requirements. Specifically, EO 154 covers, “cosmetology shops; barber shops; beauty salons; hair braiding shops; nail salons; electrology facilities; spas, including day spas and medical spas, at which solely elective and cosmetic medical procedures are performed; massage parlors, tanning salons, and tattoo parlors.” To reopen these personal care service facilities must comply with standards issued by the New Jersey Department of Health (“DOH”), and Division of Consumer Affairs, as applicable.
NJ Governor Increases Permissible Size of Gatherings; Lifts Stay at Home Order and Says Outdoor Swimming Pools and Some Other Outdoor Entertainment Can Re-Open June 22
New Jersey Governor Phil Murphy issued Executive Orders last week increasing the permissible number of attendees for indoor and outdoor gatherings, lifting part of a prior Executive Order that had directed residents to stay home, and setting a date and requirements for the reopening of outdoor pools and other outdoor entertainment and recreation.