COVID-19 Resource Center

Legal Blogs and Updates

Posts from April 2020.
Going Back to Work: EEOC Guidelines for an ADA-Compliant Reopening

This week, the Equal Employment Opportunity Commission (EEOC) issued guidance on appropriate employee protections that employers should follow when reopening their workplaces. Of note, there are key policies that employers covered by the Americans with Disabilities Act (ADA) should be ...

NJDEP Modifies Certain Site Remediation Rules Due to COVID-19

On April 24, 2020, the New Jersey Department of Environmental Protection (NJDEP) adopted a Temporary Rule Modification (the Modification) affecting its Administrative Requirements for the Remediation of Contaminated Sites (ARRCS) and its Technical Requirements for Site ...

U.S. Supreme Court Rules That the Clean Water Act May Regulate Pollution Traveling Through Groundwater

On April 23, 2020, the United States Supreme Court issued a decision in the County of Maui, Hawaii v. Hawaii Wildlife Fund et al. matter, finding that the Clean Water Act may regulate pollution traveling through groundwater. The Court also found that the Ninth Circuit Court of Appeals applied ...

Governor Murphy Permits Tenants to Apply Security Deposit to Pay Rent During COVID-19 Pandemic

In response to the current COVID-19 pandemic, on Friday, April 24, 2020, New Jersey Governor Phil Murphy issued Executive Order 128, which allows residential tenants to apply the full amount of the tenant’s security deposit (plus all accrued interest) to the payment of any rent or late fees ...

New Jersey Passes Public-Private Partnership Regulations

On Monday, April 20, 2020, New Jersey at long last finalized and passed the regulations needed to implement the Public-Private Partnership (P3) statutes passed nearly two years ago. The rules follow the anticipated chronological steps that will be undertaken through the life cycle of a P3 ...

Interpreting Force Majeure Provisions in Construction Contracts in Light of COVID-19 Disruptions

It is no secret that COVID-19 has caused significant business disruption, leaving many contractors with labor and material shortages that ultimately lead to delays. In such a scenario, questions have been raised concerning the right to additional time and money when performance is ...

New Jersey Grants Protection to Health Care Providers Concerning COVID-19 Treatment

The COVID-19 pandemic has had a drastic impact on medical care providers and facilities as they try to contain the spread and treat the virus.  Among the difficulties presented was the limited number of trained personnel and staff available to treat the general public. In an effort to ...

U.S. Supreme Court Rules CERCLA Does Not Preclude State Law Claims 

On April 20, 2020, the United States Supreme Court issued a decision in the Atlantic Richfield Co. v. Christian et al. matter, finding that federal law under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) does not preempt suits under state law for ...

New Jersey Mini-WARN Act Amendment Provides Relief to Employers

[This is an update to our previous alert regarding the expansion of the “New Jersey Mini-WARN Act,” (known as the “Millville Dallas Airmotive Plant Job Loss Notification Act”) (the Act), which was set to take effect on July 19, 2020.]

On April 15, 2020, Governor Murphy signed ...

Manufacturers Should Keep an Eye on State Efforts to Ban Certain Children’s Products

Over the past few years, several states have taken action, or are considering action, to ban certain types of children’s products, such as baby walkers.  This kind of legislation, and any similar proposed legislation, can have a profound economic impact on manufacturers, developers and ...

Amendment of New Jersey's Family Leave Act Provides COVID-19 Impacted Families with Leave

On April 14, 2020, New Jersey’s Family Leave Act (FLA) was amended to allow covered employees (those who have worked for the employer for 12 months and at least worked 1000 hours during that time period) who are caring for family members during the COVID-19 outbreak to receive up to 12 weeks of ...

New Jersey Municipal and State-Issued Liquor License Terms Extended to September 30, 2020

As a result of the business disruption caused by the COVID-19 pandemic, there are new important updates regarding New Jersey liquor license law.  

All municipally-issued liquor licenses for the 2019-2020 license term expire on June 30, 2020, unless renewed by the municipal issuing ...

Second Circuit Adopts Broad Definition of Auto Dialer Under the TCPA

On April 7, 2020, the Second Circuit issued its ruling in Duran v. La Boom Disco, Inc., a matter addressing what constitutes an automatic telephone dialing system (ATDS) under the Telephone Consumer Protection Act (TCPA). This ruling was the third Circuit Court holding in 2020 to address this ...

EPA Issues Interim Guidance Regarding Cleanups During COVID-19 Crisis

The U.S. Environmental Protection Agency (EPA) issued interim guidance late last week to its regional offices regarding environmental cleanups being conducted during the COVID-19 crisis. The EPA has indicated that this cleanup work is considered "essential" and must be continued in ...

Guidance for Employers on ADA- and OSHA-Compliant COVID-19 Screenings and Protections

If you asked a month ago what lawful precautions an employer can take to protect its workers against the threat of COVID-19, the answer would have been significantly different than it is today. In that short period, confirmed coronavirus cases in the United States have increased ...

NJ Halts Non-Essential Construction in Effort to Reduce Spread of COVID-19

On April 8, Governor Phil Murphy signed Executive Order 122, modifying prior orders aimed at protecting businesses, employees and citizens during the COVID-19 pandemic. In furtherance of these efforts, Executive Order 122 requires, among other things, all “non-essential” ...

New York Department of Labor Issues Guidance on Guaranteed Leave for Employees Impacted by COVID-19

As noted in our prior employer alert, New York state employers must offer leave in the wake of the COVID-19 pandemic. Importantly, the New York Department of Labor (NYDOL) has issued guidance in the form of a frequently asked questions page, which is accessible at the following linked

UPDATE: COVID-19 Pandemic to Impact New Jersey Foreclosures and Evictions
UPDATE:  In addition to the eviction and foreclosure moratorium executive order, major lending institutions have agreed to implement a 90-day grace period that will allow borrowers to reduce or delay their monthly mortgage payments.  This includes providing a streamlined process for ...
IRS Releases Guidance for Employers on Tax Credits Under the FFCRA

On March 31, 2020, the Internal Revenue Service (IRS) provided guidance as to how small and midsized employers may claim the tax credits under the Families First Coronavirus Response Act (FFCRA) as reimbursement for the cost of providing paid sick and family leave to their employees for leave ...

New Jersey DOL Provides Tools to Explain the Interplay Between the FFCRA and State Leave and Benefit Laws

On March 30, 2020, the New Jersey Department of Labor & Workforce Development (DOL) issued guidance regarding the interplay between the federal Families First Coronavirus Response Act (FFCRA) and several of New Jersey’s leave benefit statutes.

In addition to providing a general ...

Court Finds “Hypothetical” Injury Insufficient for Claims of ERISA Preemption of NJ’s Out-of-Network Surprise Billing Law

In a March 23, 2020 decision issued by Chief Judge Freda L. Wolfson, U.S.D.J. in NJ Spine Society, Inc. v. Caride, et al., the court addressed threshold standing issues relating to the Out-of-Network Consumer Protection, Transparency, Cost Containment and Accountability Act (the OON Act ...

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