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Legal Update Article

New Jersey Hotline to Report Employers Violating COVID-19 Executive Order Overwhelmed

Within a day of New Jersey Governor Phil Murphy publicizing a hotline phone number to lodge complaints against employers in New Jersey that may be violating Executive Order No. 107 (EO 107), the hotline became so overloaded with complaints that it interfered with other emergency calls.

EO 107 mandates, among other things, that “[a]ll businesses or non-profits in the State, whether closed or open to the public, must accommodate their workforce, wherever practicable, for telework or work-from-home arrangements.” (See our article on the EO, New Jersey Closes Non-Essential Retail Businesses, Directs Stay-at-Home, Sets State Response to COVID-19.)

Now, the Governor’s office has published an online form for individuals to report suspected employers in violation of the EO. The online form directs, “If you believe an employer, organization, or entity is violating any part of Executive Order 107, please complete this form.”

There has been significant concern expressed by Governor Murphy regarding compliance with EO 107.  Employers should be aware of the actual text of the EO 107, as the text may differ from certain media reports.

All entities operating in New Jersey must accommodate telework or work-from-home arrangements, wherever practicable. If a job cannot be performed remotely, employers must make a concerted effort to lower the number of employees required in the workplace to ensure that essential operations may continue.

Jackson Lewis has a dedicated team tracking and responding to the developing issues facing employers in this difficult time. If you need guidance in handling issues relating to COVID-19, please contact a Jackson Lewis attorney to discuss.

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