Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: July 17, 2020
The Firm
201-896-4100 info@sh-law.comAs workplaces and businesses in New Jersey slowly reopen, business owners are understandably concerned about what might happen if someone contracts COVID-19 on their premises. While businesses are working hard to keep their facilities clean and safe, it is likely impossible to completely eliminate the risk.
To address such concerns, the New Jersey Legislature is currently considering several bills that would provide liability protection to businesses amid the coronavirus (COVID-19) pandemic. The bills, Senate Bill 2634, Senate Bill 2628, and Assembly Bill 4377, all establish general immunity for certain entities against legal actions relating to the COVID-19 pandemic.
The proposed bills would establish general immunity for business entities, including non-profits, and institutions of higher education, and their officers, employees, agents, and volunteers, as well as public entities, including primary and secondary schools, and their employees, against actions relating to a person’s exposure to the virus SARS-CoV-2 or the disease caused by the virus, COVID-19. The immunity protection afforded under the legislation would also cover a disease caused by a related viral strain in subsequent years.
The immunity would be based on “good faith reasonable compliance” with or exceeding applicable health and safety measures, which are in effect at the time of an alleged exposure, and which measures are based on guidance, regulations, rules, and administrative orders promulgated by applicable federal or State departments, divisions, commissions, boards, bureaus, or agencies, as well as applicable Executive Orders or portions of those orders issued by the Governor. The immunity would bar civil lawsuits, and in the case of businesses and institutions of higher education, any administrative proceedings concerning professional disciplinary action, or suspension, revocation, refusal to issue or refusal to renew any license, certification, certificate, or permit, as applicable.
In addition, the immunity provided by the legislation would apply in addition to any other available immunity. It would also apply whether the exposure occurred because a person was required to be on a business’ property, the campus or other property of an institution of higher education, or public property, or entered or remained on the property or campus by express or implied invitation or permission, or the exposure occurred at some other place in the course of conducting business, activities and operations, providing services, or doing volunteer work on behalf of a business, institution of higher education, or public entity as authorized by it. Despite the broad liability protection, it would not grant immunity for an entity’s or person’s willful, wanton, or grossly negligent act of commission or omission. Finally, the bills would not affect a worker’s compensation claim or award pursuant to any applicable State or federal law.
If signed into law, the New Jersey COVID-19 immunity legislation would take effect immediately, and apply retroactively to March 9, 2020, the date the Public Health Emergency and State of Emergency was declared under Gov. Phil Murphy’s Executive Order 103.
If you have any questions or if you would like to discuss the matter further, please contact me, Maryam Meseha, or the Scarinci Hollenbeck attorney with whom you work, at 201-896-4100.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Ongoing economic uncertainty is forcing many companies to make tough decisions, which includes lowering staff levels. The legal landscape on both the state and federal level also continues to evolve, especially with significant changes to the priorities of the Equal Employment Opportunity Commission (“EEOC”) under the Trump Administration. Terminating an employee is one of the […]
Author: Angela A. Turiano
While filing annual reports may seem like a nuisance, failing to do so can have significant ramifications. These include fines, reputational harm, and interruption of your business operations. In basic terms, “admin dissolution for annual report” means that a company is dissolved by the government. This happens because it failed to submit its annual report […]
Author: Dan Brecher
Antitrust laws are designed to ensure that businesses compete fairly. There are three federal antitrust laws that businesses must navigate. These include the Sherman Act, the Federal Trade Commission Act, and the Clayton Act. States also have their own antitrust regimes. These may vary from federal regulations. Understanding antitrust litigation helps businesses navigate these complex […]
Author: Robert E. Levy
If you’re considering closing your business, it’s crucial to understand that simply shutting your doors does not end your legal obligations. Unless you formally dissolve your business, it continues to exist in the eyes of the law—leaving you exposed to ongoing liabilities such as taxes, compliance violations, and potential lawsuits. Dissolving a business can seem […]
Author: Christopher D. Warren
Contrary to what many people think, corporate restructuring isn’t all doom and gloom. Revamping a company’s organizational structure, corporate hierarchy, or operations procedures can help keep your business competitive. This is particularly true during challenging times. Corporate restructuring plays a critical role in modern business strategy. It helps companies adapt quickly to market changes. Following […]
Author: Dan Brecher
Cryptocurrency intimidates most people. The reason is straightforward. People fear what they do not understand. When confusion sets in, the common reaction is either to ignore the subject entirely or to mistrust it. For years, that is exactly how most of the public and even many in law enforcement treated cryptocurrency. However, such apprehension changed […]
Author: Bryce S. Robins
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!