Jacklyn Fetbroyt is a founding member of Kang Haggerty LLC and is currently a committeeperson of the Voorhees Township Committee. Among other things, Jackie focuses on counseling companies and business owners through all stages of their ventures from conception to dissolution, assisting her business clients in all of their needs for maintenance and growth. On Township Committee, Jackie strives to be a resource to and ears of the residents in her hometown. 

In this ever-changing landscape of information and legislation, please be aware that the information contained in this blog post may no longer be relevant or applicable. The content of this post is for informational purposes only and should not be construed as legal advice or legal opinion. 

With Complaints Rapidly Increasing across the U.S., Now is the time to act

As of May 26, 2020, 2,278 complaints have been filed nationwide over the global pandemic COVID-19 according to the COVID-19 Complaint Tracker developed by lawyers at Hunton Andrews Kurth LLP. While the largest amount of these complaints deal with prison conditions and civil rights , the next highest areas of litigation involve insurance disputes, consumer disputes, labor and employment issues  and contract disputes. Claims regarding employment, contracts and force majeure provisions, or clauses contained in contracts which excuse performance due to natural destructive acts also known as “acts of God,” are on the rise. These complaints will continue to be filed as the effects of COVID-19 continue to be felt in ever-changing ways. Many of these complaints have been filed in jurisdictions where Kang Haggerty regularly practices—namely COVID-19 hot spots New York, Pennsylvania and New Jersey.

Although the COVID-19 Complaint tracker does not capture all of the COVID-19 related cases filed, it does provide insight into how this disruptive and deadly virus has negatively impacted business and individuals across the United States. Further, these metrics only represent disputes that have escalated to the point of initiating litigation, a costly and potentially prolonged endeavor. Many disputes are not captured in the above data either because a wronged party has not retained representation to advocate for their grievance, talks between opposing parties are ongoing, or settlements have been reached. Determining your best course of action can be critical.

Filing a complaint is one of the many tools skilled litigators have in their arsenal to obtain favorable outcomes for their clients. But before filing a complaint one needs to be clear on what terms govern your agreement, the responsibilities of all parties involved, how actions taken by either party may result in a breach to the agreement, and what protections from disruption are afforded to you under the terms of your agreement, your municipality, state or, or under federal statute. By consulting a lawyer to analyze your situation promptly, you may be able to avoid costly litigation related to any disruptions in service you experience or provide as a result of COVID-19. Kang Haggerty LLC has, for instance, successfully utilized force majeure clauses to excuse nonperformance under contracts, which enabled clients facing millions of dollars in liabilities to walk away from disrupted contracts with no penalty fees assessed or for significantly less than they were facing in settlements. As the metrics make clear, COVID-19 is fertile ground for disputes among individuals and businesses that continue to grow each day as our nation attempts to achieve a new normal.

Please consult our Kang Haggerty COVID-19 Resources: Preparing for Post COVID-19 Litigation page for additional information on specific practice areas and issues to consider, along with helpful tips and advice on preparing for reopening in a COVID-19 world, reducing liability and the likelihood of being sued successfully.

Tianna K. Kalogerakis is an associate at Kang Haggerty LLC, where she concentrates her practice on commercial litigation and business disputes. Tianna is the immediate past president of Barristers’ Association of Philadelphia.

Based on evidence that COVID-19 reached its maximum impact on the healthcare system in the middle of April, the Order permits the resumption of elective procedures based on the reduction in the burden on the health care systems from COVID-19. As such, under EO-145, beginning at 5:00 a.m. on Tuesday May 26, 2020, the suspension on elective surgeries and invasive procedures under EO-109 is rescinded and elective surgeries and invasive procedures, as defined by EO-109, may proceed at healthcare facilities, provided they follow policies issued by the Department of Health (DOH) in consultation with the Division of Consumer Affairs (DCA).

GUIDANCE POLICIES

On May 19, 2020, DOH issued two guidance documents: one for hospitals and one for ambulatory surgery centers. The documents were substantially similar in addressing the precautions and limitations regarding resuming elective surgeries and invasive procedures. These facilities must, among other things, implement all the State and CDC guidelines for limiting COVID-19 exposure, frequently screen staff for COVID-19 related symptoms, require employees and patients to wear masks, maintain social distancing when feasible, distinguish separate areas for COVID-19 patients and non-COVID-19 patients, and implement a frequent cleaning and disinfecting.

Notably, the facilities must also must be prepared for another surge of COVID-19 cases and create plans that include a review of capacity data, prioritization policy for providing care and scheduling for the again-permissible procedures, training for use and sufficient supply (for the protection of both healthcare workers and patients) of PPE, collection of COVID-19 related data, and no/limited visitation policies. Ambulatory surgery centers are also required to have a transfer agreement in place with an acute healthcare facility to prepare for a potential second wave of COVID-19 infections and are not permitted to perform procedures are COVID-19 positive patients. The DOH guidance can be found here.

The DCA also issued policy guidance regarding the resumption of elective procedures in any outpatient setting, which stated that – to the extent possible – healthcare professionals should limit person-to-person contact in the office, including by continuing to utilize telemedicine. Practitioners must also facilitate social distancing, adopt enhanced office cleaning and disinfection practices, establish rigorous protections for staff, and stay informed about new developments and guidance related to COVID-19. Additional safeguards apply to healthcare professionals providing care that involves direct contact with a patient’s face, eyes, or mouth, or present a high risk of aerosolization, including dentists, oral surgeons, pulmonologists, otolaryngologists and eye care professionals. The DCA’s Administrative Order can be found here.

Jacklyn Fetbroyt is a founding member of Kang Haggerty LLC and is currently a committeeperson of the Voorhees Township Committee and a board member for Doctors Advisory Alliance. Among other things, Jackie focuses on counseling companies and business owners through all stages of their ventures from conception to dissolution, assisting her business clients in all of their needs for maintenance and growth. On Township Committee, Jackie strives to be a resource to and ears of the residents in her hometown. 

DAA Guide to Getting Back is a free webinar series by the Doctors Advisory Alliance. Learn more here.

In this ever-changing landscape of information and legislation, please be aware that the information contained in this blog post may no longer be relevant or applicable. The content of this post is for informational purposes only and should not be construed as legal advice or legal opinion.

On May 13, 2020 Governor Murphy issued Executive Order 142, permitting the resumption of non-essential construction, curbside pickup at non-essential retail businesses, and car gatherings for the purpose of drive-through and drive-in events. The construction and non-essential retail provisions will take effect at 6:00 a.m. on Monday, May 18th, while the car gatherings provision will take effect immediately. EO142 reduces and supersedes some of the restrictions that were previously in under Executive Order 107 and 122.

Resumption Non-Essential Construction

The Order permits non-essential construction projects to resume effective at 6:00 a.m. on May 18, 2020. All construction projects must abide by the social distancing, safety, and sanitization requirements such as:
• requiring workers and visitors to wear facial coverings (the employer must provide to workers) and gloves,
• limiting the worksite meetings to groups of 10 individuals or less,
• staggering work times,
• setting infection control policies,
• addressing high-risk areas (e.g., breakrooms and elevators),
• having workers maintain six-feet apart when possible,
• frequently sanitizing common areas, and
• allowing frequent break times so workers can wash their hands.

The New Social: Car Gatherings

The Order states that car gatherings do not violate the Governor’s ban on gatherings under Executive Order No. 107. Examples of such car gatherings include but are not limited to drive-in movies, religious services, or drive-through farms or safaris. Car gatherings will be subject to the restrictions described in EO142, such as attendees participating must arrive and remain in their vehicles, the vehicle must remain closed the entire time unless they are at least six feet apart, individuals who are organizing the event may exit their vehicles but must wear a facial covering at all times and maintain social distancing, and there must be a form of contactless payment for these gatherings. Gatherings following these policies will not violate Executive Order 107.
Also note that gatherings that do not adhere to the strictures of EO142 that are less than 10 people are in compliance with EO107, but more than 10 people will be considered in violation of that order.

The New Shopper: Non-Essential Retail

Non-essential retail businesses are permitted, as of May 18th in the morning, to reopen to the public for “curbside-pick-up” only, provided they adhere to the minimum policies described in the order, such as enforcing infection control practices, providing employees with facial coverings, limiting in-store operations to those employees who are responsible for curbside pickup, transactions (including notification of “ready time”) shall be handled in advance to avoid person-to-person contact.
EO142 stresses the continued need to keep measures in place to reduce new COVID-19 infections, particularly until increased metrics relating to expanded testing and use of contact tracing have been satisfied. The Governor, however, has determined that the decrease in the rate of reported new cases coupled with the reduced risk by adhering to the requirements in the order in these particularly areas, permits the safe re-opening of construction projects, curbside retail, and vehicular gatherings.

Jacklyn Fetbroyt is a founding member of Kang Haggerty LLC and is currently a committeeperson of the Voorhees Township Committee. Among other things, Jackie focuses on counseling companies and business owners through all stages of their ventures from conception to dissolution, assisting her business clients in all of their needs for maintenance and growth. On Township Committee, Jackie strives to be a resource to and ears of the residents in her hometown. 

In this ever-changing landscape of information and legislation, please be aware that the information contained in this blog post may no longer be relevant or applicable. The content of this post is for informational purposes only and should not be construed as legal advice or legal opinion. 

Pursuant to EO138, all previously entered Executive Orders relating to the pandemic remain “in full force and effect” including non-essential business closures of brick & mortar locations, remote work when possible, closures of non-essential construction projects, and aggressive social distancing measures.

The recitals of EO138 provide that, although New Jersey’s social distancing measures have helped to slow the increase of COVID-19 cases and deaths in the State, the total number of cases and deaths in New Jersey has continued to rise and would rise at an even more precipitous rate absent these important measures.

As such, under EO128, residential tenants can request – in writing, including electronically – that  their security deposit (and any interest earned to the tenant’s benefit) be applied to or credit towards rent payments that are due or will be due during the Public Health Emergency and up to 60 days after the termination of the Public Health Emergency. If a tenant chooses to apply his security deposit, then for the duration of the tenant’s current lease, the landlord may recoup from the tenant any monies the landlord expended that would have been reimbursable by the security deposit. The tenant will have no obligation to make any further security deposits relating to the current lease agreement, but must replenish the security deposit upon any renewal or extension of the lease on the later of the date that is (1) six months after the end of the Emergency, and (2) the renewal or extension of the lease.

EO128 provides that penalties for non-compliance may be imposed.

Jacklyn Fetbroyt is a founding member of Kang Haggerty LLC and is currently a committeeperson of the Voorhees Township Committee. Among other things, Jackie focuses on counseling companies and business owners through all stages of their ventures from conception to dissolution, assisting her business clients in all of their needs for maintenance and growth. On Township Committee, Jackie strives to be a resource to and ears of the residents in her hometown. 

In this ever-changing landscape of information and legislation, please be aware that the information contained in this blog post may no longer be relevant or applicable. The content of this post is for informational purposes only and should not be construed as legal advice or legal opinion. 

On April 9, 2020 Governor Phil Murphy implemented Executive Order 123 under which property and casualty insurance, life, and insurance premium finance companies will grant policyholders a grace period of 90 days – during which times claims shall be paid – without regard to nonpayment of premiums by the policyholder. This policy will also be extended to health insurance companies, health maintenance organizations, and other entities issuing health or dental benefits, except in such instances the grace period is reduced to 60 days. The Governor provided discretion to the Commissioner of the Department of Banking and Insurance to extend these emergency grace periods as necessary to protect the interests of policyholders, beneficiaries, and the public. Once the grace period has concluded the policyholder’s unpaid premiums shall be amortized over a time period directed by the Commissioner.

Similarly, on April 13, 2020, Executive Order 126 was issued to preclude termination of internet and voice services by cable and telecommunications providers based on the customer’s nonpayment (provided, however, that the provider may downgrade the quality of the customer’s internet or voice services). Cable and telecommunication providers are also permitted to collect a fee or charge for untimely payments if acting pursuant to a policy approved in writing by the Board of Public Utilities under EO126. Further, customers whose cable or telecommunication services were discontinued due to nonpayment after March 16, 2020 may request reinstatement of services at no cost (except the cost incurred by the provider in reconnecting service) to the customer. This order was effective on issuance and will remain in effect by its terms for 30 days following the end the Public Health Emergency established by EO103 and extended by EO119.

Jacklyn Fetbroyt is a founding member of Kang Haggerty LLC and is currently a committeeperson of the Voorhees Township Committee. Among other things, Jackie focuses on counseling companies and business owners through all stages of their ventures from conception to dissolution, assisting her business clients in all of their needs for maintenance and growth. On Township Committee, Jackie strives to be a resource to and ears of the residents in her hometown. 

In this ever-changing landscape of information and legislation, please be aware that the information contained in this blog post may no longer be relevant or applicable. The content of this post is for informational purposes only and should not be construed as legal advice or legal opinion. 

Among other mandates, the NJ retail businesses must now limit stated occupancy by 50% (“food businesses” are to maintain a 10% capacity, however) and provide operating hours solely for high-risk populations as defined by the CDC. To ensure the safety of cashiers/baggers, stores will have to install a shield guards between the employees and customers or maintain a six feet distance between individuals (except during the actual physical payment/exchange of goods), such as by placing physical demarcations in check-out lines.  Infections control practices must be implemented, such as providing hand sanitizers, cleaning frequently touched services, providing for proper tissue and waste disposal, and allowing additional break time for employees to wash their hands more frequently.

All employees and customers must wear face masks (cloth, though if the employee or business is already in possession or required to have greater protection such as surgical masks, those may be used), except children under the age of two or if the facial cloth would adversely affect the person’s health (a food business shall not require supporting medical documentation, however), and any person refusing should not be permitted entry into the business. Further, employees must wear gloves when coming into contact with a customer or goods, and the employee protection (gloves and facial coverings) must be provided by the business.

EO122 also further limits construction.  The physical operations of all non-essential construction projects shall cease. Only “essential constructions projects” may continue – i.e.,   projects necessary for the delivery of health care services, transportation projects, utility projects, residential projects that exclusively designated as affordable housing, school projects, projects already underway in individual single-family homes or apartment units where an individual already resides with a construction crew of 5 or less individuals, projects already underway involving a residential unit has already entered into a legally binding agreement to occupy the unit by a certain date and construction is necessary to ensure the unit’s availability by that date, projects involving manufacturing, distribution, storage, or servicing of goods or products that are sold online by retain businesses or essential retail business, projects necessary for social services such as homeless shelters and food banks, projects for law enforcement  and government agencies, and emergency repairs.

All essential businesses must implement policies that reduce employees contact with one another such as staggering lunch breaks, limit the sharing of tools, prohibiting non-essential visitors from entering the worksite, and reducing the frequency of in-person meetings.

Executive Order 122 went into effect Friday, April 10, 2020 at 8:00 p.m.  Executive Order 125 entered April 11^th and effective Monday, April 13, 2020 at 8:00 p.m. – while largely regarding transportation services, added additional restrictions and rules to certain essential businesses.

Namely, restaurants, cafeterias, dining establishments, and food courts, with or without a liquor license, all bars, and all other holders of a liquor license with retail consumption privileges that are continuing to offer food delivery and/or takeout services pursuant to EO 17 (referred to as “food business”), must adopt additional policies, including, as noted above, to reduce occupancy to 10% of maximum capacity, wherever feasible.  They must also abide by the infection control measures and place conspicuous signage at entrances and throughout the food business, if applicable, alerting staff and customers of the rules on social distancing.

Jacklyn Fetbroyt is a founding member of Kang Haggerty LLC and is currently a committeeperson of the Voorhees Township Committee. Among other things, Jackie focuses on counseling companies and business owners through all stages of their ventures from conception to dissolution, assisting her business clients in all of their needs for maintenance and growth. On Township Committee, Jackie strives to be a resource to and ears of the residents in her hometown. 

In this ever-changing landscape of information and legislation, please be aware that the information contained in this blog post may no longer be relevant or applicable. The content of this post is for informational purposes only and should not be construed as legal advice or legal opinion. 

There has been some confusion about the current “end” date of the public health emergency period. Governor Murphy’s initial Public Health Emergency declaration was on March 9, 2020, meaning that the first 30-day period was due to expire on April 8, 2020. In New Jersey, Public Health Emergencies can only be declared for a period of 30 days at a time (see N.J.S.A 26:13-3(b)). These Public Health Emergencies automatically terminate after 30 days, unless the Governor otherwise directs for an extension – as Governor Murphy just has. As of this moment, it is impossible for us to know whether Governor Murphy will have to make another extension, but we can expect more news in the beginning of May.

Jacklyn Fetbroyt is a founding member of Kang Haggerty LLC and is currently a committeeperson of the Voorhees Township Committee. Among other things, Jackie focuses on counseling companies and business owners through all stages of their ventures from conception to dissolution, assisting her business clients in all of their needs for maintenance and growth. On Township Committee, Jackie strives to be a resource to and ears of the residents in her hometown. 

In this ever-changing landscape of information and legislation, please be aware that the information contained in this blog post may no longer be relevant or applicable. The content of this post is for informational purposes only and should not be construed as legal advice or legal opinion. 

The State Director of Emergency Management under the Disaster Control Act will be authorized to take or use personal services and/or real or personal property for purposes of preserving the public health. This includes medical supplies and equipment from private companies and institutions.

Through this Order, the Governor intends to provide New Jersey with a means to address the shortages in responding to the COVID-19 crisis through the commandeering of services and property. The background of EO 113 states that, although the “State has taken aggressive steps to expand the capacity of New Jersey’s overall health care system…[and]…continues to make all reasonable efforts to procure medical resources from [federal and State resources]… there remains a critical shortage of medical resources in the State…”

Though not detailed, the Order provides that any individual or business subject to such action will receive compensation for the commandeered property “at the prevailing established rate for services of a like or similar nature.”

Jacklyn Fetbroyt is a founding member of Kang Haggerty LLC and is currently a committeeperson of the Voorhees Township Committee. Among other things, Jackie focuses on counseling companies and business owners through all stages of their ventures from conception to dissolution, assisting her business clients in all of their needs for maintenance and growth. On Township Committee, Jackie strives to be a resource to and ears of the residents in her hometown. 

In this ever-changing landscape of information and legislation, please be aware that the information contained in this blog post may no longer be relevant or applicable. The content of this post is for informational purposes only and should not be construed as legal advice or legal opinion.