Cecily Zamora
During the COVID-19 pandemic, New Jersey Governor Phil Murphy issued an executive order that stopped short of a mandatory shutdown for law firms. While residents were ordered to stay at home except for necessary travel, law firms were allowed to continue operating, provided they accommodated their employees working from home and minimized on-site staff to ensure critical operations. This decision aimed to balance health and economic concerns, and more restrictions could be implemented if the spread of the virus was not curbed.
| Characteristics | Values |
|---|---|
| Law firms in New Jersey allowed to stay open during the pandemic | Yes |
| Were there any restrictions? | Yes, law firms were asked to minimize the number of on-site staff and accommodate employees working from home |
| Were there any exceptions? | Yes, workers who needed to be present at their work site to perform their job duties were allowed to continue to travel |
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What You'll Learn
Law firms deemed essential services
During the COVID-19 pandemic, law firms were deemed essential services in some states, including New Jersey. In March 2020, New Jersey Governor Phil Murphy issued an executive order that allowed law firms to remain open but required them to accommodate employees who could work from home. The order stated that law firms should reduce staff to the minimum necessary to ensure critical operations can continue.
In other states, such as New York and Pennsylvania, law firms faced harsher restrictions, with orders requiring non-essential workers to stay home. However, in Pennsylvania, additional guidance was issued, allowing law offices to remain open on a "restricted basis" to perform functions deemed essential by the courts.
The determination of whether law firms are essential services varies across states. While 42 states have enacted stay-at-home orders, lawyers are not considered essential workers in 12 of those states. In some states, lawyers are only deemed essential for specific circumstances. For example, Oklahoma Governor Kevin Stitt initially issued a "Safer-at-Home" order that did not specify whether legal services were essential. However, he quickly amended the order to include legal services as essential, allowing them to continue operating during the pandemic.
Governors and mayors issuing stay-at-home declarations must clarify whether specific industries, such as legal services, are considered essential. This designation impacts whether physical locations can remain open and whether employees can travel to and from the office. While working remotely is recommended for essential businesses, it may not be required, and some essential workers must be on-site to perform their job duties.
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Staff working from home
In March 2020, New Jersey Governor Phil Murphy issued an executive order that allowed law firms to remain open during the coronavirus pandemic, but they were encouraged to accommodate their employees working from home. The state notice said:
> "If a law firm has employees that must be on the premises, it must reduce staff to the minimum necessary to ensure critical operations can continue."
The order was issued after New Jersey State Bar Association President Evelyn Padin reminded the governor in a letter that "for most firms, some critical staff are still needed in the office in order to provide effective representation."
While law firms in New York and Pennsylvania faced harsher restrictions, New Jersey's order allowed critical staff to remain on-site to perform essential functions. This decision aimed to balance health and economic concerns, but stricter measures could be implemented if the spread of the virus was not curbed.
To ensure the safety of residents, Governor Murphy encouraged individuals to stay at home unless they needed to be outside for work or other essential activities.
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Critical staff on-site
In March 2020, New Jersey Governor Phil Murphy issued an executive order that stopped short of a mandatory shutdown for law firms. Instead, the order required law firms to minimize the number of on-site staff.
According to the state notice, "If a law firm has employees that must be on the premises, it must reduce staff to the minimum necessary to ensure critical operations can continue." This means that some critical staff are still needed in the office to provide effective representation.
The specific individuals or roles that constitute critical staff are not explicitly defined. However, the New Jersey State Bar Association President Evelyn Padin, in a letter to Governor Murphy, acknowledged that "for most firms, some critical staff are still needed in the office." This suggests that the determination of critical staff may vary depending on the specific needs and operations of each law firm.
Workers who are deemed critical and need to be present at their worksite include law enforcement officers, first responders, construction workers, utility workers, lab researchers, IT maintenance workers, and certain administrative staff. These workers are exempt from the stay-at-home order and can continue to travel to their workplaces to perform their job duties.
It is important to note that the situation may have evolved since the initial executive order, and more restrictions on lawyers' operations could have been implemented. Law firms should stay updated with the latest regulations and guidelines provided by the state to ensure compliance and the safety of their staff and clients.
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Firms facing fines for staying open
During the COVID-19 pandemic, law firms in New Jersey were not forced to shut down completely. However, they were instructed to minimize the number of on-site staff and accommodate employees working from home. The state notice stated that if a law firm had employees that needed to be on the premises, they must reduce staff numbers to the minimum required for critical operations to continue.
While New Jersey law firms were not forced to shut down, other businesses in different locations and industries have faced fines for staying open during the pandemic. For example, a gym owner in London was fined £67,000 for refusing to close during England's second lockdown. The owner, Andreas Michli, claimed that he could not find a reason to close "other than there was legislation in place". He also stated that allowing people to continue exercising felt like the right thing to do socially, morally, and scientifically. Despite his beliefs, the local authority not only fined him but also sought £7,500 in court costs.
Businesses in Montreal have also faced fines for staying open past the regulated hours. In Quebec, the law states that all commercial establishments, except pharmacies and grocery stores, can only operate between 8 a.m. and 5 p.m. on weekends. Fines for violating this regulation range from a minimum of $1,500 for a first offence to $3,000 and more for repeat offences. Shop owners have expressed their concerns, stating that these fines threaten their livelihood. However, the city of Montreal has mentioned that it is working on a solution and is willing to support local businesses.
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COVID-19 restrictions
In March 2020, New Jersey Governor Phil Murphy issued an executive order that stopped short of a mandatory shutdown for law firms. The order allowed law firms to remain open but required them to minimize on-site staff and accommodate remote work for their employees. This decision was influenced by a letter from New Jersey State Bar Association President Evelyn Padin, who emphasized the need for critical staff in law offices to ensure effective legal representation.
While New Jersey law firms could continue operating, they faced restrictions to ensure the safety of their employees and clients. Law firms were instructed to reduce their on-site staff to the minimum necessary to maintain critical operations. This meant that employees who could work from home were expected to do so, and only those who needed to be on the premises were permitted to be in the office.
The state's FAQ advisory on law firms reflected this balance, stating, "Simply put, people should not be outside of their home unless they absolutely need to be." The advisory also clarified that workers who needed to be present at their worksite to perform their job duties were exempt from the stay-at-home order. This included essential workers such as law enforcement officers, first responders, healthcare workers, and certain administrative staff.
New Jersey's approach to law firms during the COVID-19 pandemic differed from neighboring states like New York and Pennsylvania, which imposed harsher restrictions. In New York, an order from Governor Andrew Cuomo required all nonessential workers to stay home, with penalties for businesses that remained open. Pennsylvania's Governor Tom Wolf initially ordered all law firms to close their physical offices but later allowed them to operate on a "restricted basis" for essential functions.
While New Jersey law firms avoided a mandatory shutdown, there was a possibility of further restrictions if the state's efforts to curb the spread of COVID-19 were unsuccessful. A shelter-in-place order, which would require individuals to stay at home except for essential needs, was mentioned as a likely next step if the number of infected people continued to rise.
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Frequently asked questions
Yes, law firms can stay open in New Jersey during the COVID-19 pandemic, but they must follow social distancing protocols and other public health measures.
Law firms should encourage their employees to work remotely and use video conferencing, telephone, and other methods to communicate with clients.
Law firms can choose to close their physical offices and operate remotely, ensuring that they remain available to their clients through virtual means.
Law firms can refer to Business.NJ.gov for the latest information on COVID-related rules and guidelines, as well as financial assistance programs and other resources to help them navigate the challenges of the pandemic.
