News & Insights

Recent Posts

Covid-19: Assessing the Legal Risk of Infectious Diseases

WSHB Employer Alert: FFCRA and DOL Regulations 4.2.20

Employment Practices Consultation & COVID-19

It’s a No-Win Situation: The Perils Facing Hospitals Due to the Coronavirus

COVID-19 Employer Alert: Summary of the CARES Act

COVID-19: New York Malpractice Law Alert

COVID-19 Employer Alert: Enactment of Families First Coronavirus Response Act (FFCRA)

WSHB Co-Founder Stephen Henning to Announce the Winner of CLM's 2020 Outside Counsel Professional of the Year Award

WSHB Partner Robert Hellner Shares Mediation Tactics at CLM’s 2020 Annual Conference

Risk Transfer and Contractual Indemnification – Who Gets Left Holding the Bag?

New Developments in Challenging Certificates of Merit — Seeking Dismissal for Failure to Concurrently File Certificate with the Original Petition

Seven Habits that Define a Highly Effective Claims Team

Social Media Do's and Don'ts

Read the Room: Arguments that Work in Court but May Backfire at Mediation

WSHB Partner Kelly Waters Named to NJBIZ's 2020 Best Fifty Women in Business List

WSHB Names Andrew S. Kessler as Managing Partner of the Firm's Philadelphia Office

WSHB Employment Alert: California Law Banning Arbitration Agreements Temporarily on Hold

Sam McDermott on the Dos and Don’ts of Construction Project Termination

Full Disclosure! Insurer Beware: Colorado’s New Automobile Policy Disclosure Law Has Teeth!

Andrew S. Kessler Named Legal Counsel for Northeast Community Center for Behavioral Health

WSHB Elevates Ten Partners to Defined Equity Status

Eleven WSHB Attorneys Elected Into Partnership

Eighteen Attorneys Elected to WSHB Senior Counsel

Supreme Court Allows Suit Over Website Accessibility

Strategies for Defending Legionella and Mold Claims

Residential Revolution

Time Limit Demand Issues Arrive in North Carolina

WSHB Welcomes New Partner Julie A. Weerth to the Firm's New York Office

Temp Agency Absolved of Liability in Hotly Contested Action

Alternative Fee Agreements and Construction Issues: Oil and Water or Perfect Pairing!?

WSHB's Graham Miller Helps Demystify Construction Claims in the Pacific Northwest

WSHB Partner Janice Michaels Named to The Best Lawyers in America© 2020 List

One Bad Apple: Navigating through Sexual Battery and other Intentional Torts

Leading Construction Litigator Cynthia Tari Joins WSHB's Dallas Office

WSHB’s Philadelphia Partner Secures Summary Judgment in Catastrophic Premises Liability Matter

WSHB Welcomes New Partner Andrew Kessler

New Bill In New York Proposed for Signature by Governor Andrew Cuomo is Set To Make Employers "SWEAT"

Renowned Litigator Jason Williams Joins WSHB's Nevada Office

Litigator Richard Young Joins WSHB's Nevada Office

Published Appellate Opinion Upholding Summary Judgment in Favor of Commercial Tenant Against $3.5M Subrogation Suit

17 WSHB Lawyers Honored as 2019's Rising Stars

Arizona Supreme Court Allows Court of Appeals Decision Expanding Defendants' Ability to Enforce Settlements to Stand

WSHB’s Jason Klein Breaks Down the Good, the Sad and the Funny Sides of Claims

Litigating Sexual Battery and Other Intentional Torts: Navigating the One Bad Apple in Medical Negligence

WSHB Partner Michelle Arbitrio to Moderate Panel on Insurance and Risk Management in the Age of Mass Shootings

Girl on Fire: The Price of Pursuing the Truth in the #MeToo World

Pragmatic Issues on Settlement Versus Trial for Legal Malpractice Cases

WSHB Partner Jade Tran Named to Lawyers of Color's "Nation's Best" List

A Withering Assault

The Natural Progression of Natural Disasters

Nevada’s Governor Signs Chapter 40 Reform Bill

WA Condo Law Changes Hope to Curtail Frivolous Defect Lawsuits and Stimulate Production

WSHB Co-Founder Stephen Henning Steps Into the Spotlight at this Year's West Coast Casualty Seminar

Professional Liability Expert Weighs In On Protecting Your Practice From Opioid Doc Arrest Fallout

Penalties, Punitives, and Granny Cams: The Escalating Lure of Elder Abuse Litigation

Are Structured Settlements Still Relevant

Game Changing Trends Affecting Construction

He's Not My Guy: The Joint-Employer Doctrine

WSHB Case Update: DOL Proposes Increase to Minimum Salary Threshold

WSHB and DWF Announce Exclusive Association

North Carolina State Court in Uncharted Territory in Finding Covid-19 Business Interruption Coverage

WSHB Cyber Team Obtains Dismissal of Data Breach Class Action

Governor Newsom Signs Wildfire Legislation to Protect California Consumers and DOI Urges Carriers to Cover Wildfire Property Losses

WSHB Expands Geographic Footprint

COVID-19: New Jersey Legislation Client Alert

April 3, 2020

The New Jersey Legislature and Governor Phil Murphy recently took action in response to COVID-19 and have enacted and/or are considering passage of several measures. The following is an up to date synopsis of these actions:

  • Perceived Coronavirus Symptoms: Under guidance recently issued by the New Jersey Attorney General and the Division on Civil Rights, New Jersey employers are barred under state law from terminating or otherwise penalizing an employee based on perceived coronavirus symptoms, and they must take reasonable action to stop related harassment between employees. The Division on Civil Rights issued a guidance indicating that discrimination based upon actual or perceived symptoms of COVID-19 is protected by the New Jersey Law Against Discrimination. See the Division on Civil Rights Guidance for more information:


  • Terminations due to Coronavirus Prohibited: Under legislation recently signed into law, P.L.2020, c.9, (A3848) employers are prohibited during the state of emergency and public health emergency from firing or penalizing a worker who requests or takes time off because the employee has or is likely to have an infectious disease. The employer also would be barred from refusing to reinstate the worker to his or her previous position. In order to be protected by the new law, the employee must have a written or electronic recommendation from a licensed medical professional that the employee take time off for a specified period of time because the employee has, or is likely to have, an infectious disease, as defined in section 2 of P.L.2005, c.222 (C.26:13-2), which may infect others at the employee’s workplace. Employers who are found to have violated this provision are subject to $2,500 fines for each violation of the act. This law applies to all employers.


  • Expanded Temporary Disability and Family Leave: Under legislation recently signed into law, P.L.2020, c.17., (S2304), New Jersey’s State Temporary Disability Insurance (TDI) and Family Leave Insurance (FLI) programs have been expanded to provide broader access to the programs in response to the COVID-19 pandemic. The new law expands the definition of a “serious health condition” to allow individuals access to TDI and FLI benefits during a public health emergency if they must take time off of from work because they are diagnosed with or suspected of exposure to a communicable disease or to take care of a family member diagnosed with or suspected of exposure to a communicable disease. Employees eligible for these benefits under the NJ Family Leave Act (TDI or FLI) must be employed by a qualifying employer that employed 30 or more employees for each working day during each of 20 or more calendar workweeks in the then current or immediately preceding calendar year on or after June 30, 2019. The legislation also expands New Jersey’s earned sick leave law to permit the use of earned sick time for isolation or quarantine recommended or ordered by a provider or public health official as a result of suspected exposure to a communicable disease, or to care for a family member under recommended or ordered isolation or quarantine. The sick leave expansion applies to all employers.


  • Temporary Lost Wage Unemployment Program: Under Legislation approved by both houses of the New Jersey Legislature, but not yet signed into law, A3846, would create the “Temporary Lost Wage Unemployment Program” to help people affected by the pandemic to recoup their lost wages and to assist employers that pay workers who are ordered under quarantine as a result of the coronavirus. If enacted, the legislation would fully compensate individuals for actual lost wages as a result of coronavirus disease 2019 due to: (a) the individual’s absence from work due to the need to care for a family member; (b) the individual’s absence from work due to the illness of the individual; (c) the individual’s absence from work due to a school or childcare facility being closed; and (d) for such other purposes as determined by the commissioner. In addition, funds would be made available to employers who pay wages to workers who are ordered under quarantine by a licensed healthcare practitioner as a result of the 2019 coronavirus disease.


  • Grants for NJ Businesses: Under legislation recently signed into law, P.L.2020, c.8. (A3845), the New Jersey Economic Development Authority (EDA) is authorized to provide grants during periods of emergency declared by the Governor, such as the declaration regarding the Coronavirus disease 2019, and for the duration of economic disruptions due to the emergency. The legislation gives the EDA the power to offer grants for the planning, designing, acquiring, constructing, reconstructing, improving, equipping, and furnishing of a project, including, but not limited to, grants for working capital and meeting payroll requirements, upon such terms and conditions as the authority deems reasonable, during such period of time. The legislation also extends the uses of the economic growth account in the Economic Recovery Fund to the planning, designing, acquiring, constructing, reconstructing, improving, equipping, and furnishing by small and medium-size businesses and not-for-profit corporations of certain projects, including, but not limited to, grants for working capital and meeting payroll requirements, upon such terms and conditions as the authority deems reasonable, during such periods of time. More information and grant applications can be found here:


  • Statewide Stay at Home Order: Governor Murphy signed Executive Order 107 into law which requires the closure of all non-essential brick and mortar retail businesses. Additionally, the order mandates that all businesses or non-profits, wherever practicable, must accommodate their workforce for telework or work-from-home arrangements. To the extent a business or non-profit has employees that cannot perform their functions via telework or work-from-home arrangements, the business or non-profit should make best efforts to reduce staff on site to the minimal number necessary to ensure that essential operations can continue. The Order further requires New Jersey residents to stay in their homes unless they are engaged in activities expressly permitted under the Order, including but not limited to obtaining goods and services from essential retail business, reporting to or performing their job, acting as a caretaker for family or close friends, or seeking medical attention. When in public, residents must practice social distancing by staying at least 6 feet away from others. For a complete list of essential retail businesses and the full text of the Order see: Further guidance for employers can be found here:

Privacy Policy      |      Site Map

© 2020 Wood Smith Henning & Berman LLP

Subscribe to our mailing list

* indicates required