Employment Law Update: Understanding the Requirements of New Jersey’s Travel “Advisory”

7.17.2020

The State of New Jersey has issued a travel advisory that all individuals entering New Jersey from states with significant spread of COVID-19 should quarantine for 14 days after returning (or coming) to New Jersey.  The states identified on the list have a positive COVID-19 test rate higher than 10 per 100,000 residents, or, have a 10% or higher positivity rate over a seven day rolling average. Currently, as of July 14, there are 22 states on the list.  The list is updated regularly and may be accessed here: https://covid19.nj.gov/faqs/nj-information/travel-and-transportation/are-there-travel-restrictions-to-or-from-new-jersey.

The advisory states that “self-quarantine is voluntary, but compliance is expected.”  Travelers are not required to check in with public health officials unless required to do so by their employer or other federal, state, or local law or order.

Exemptions to the travel advisory are provided to individuals who are traveling from impacted states for business. For example, truckers driving from an impacted state to New Jersey and any state, local, and federal officials and employees traveling in their official capacities on government business are exempted.  The advisory indicates that “employees and employers should follow current CDC guidance regarding travel, published at https://www.cdc.gov/coronavirus/2019-ncov/travelers/travel-in-the-us.html.”

Critical infrastructure workers are also permitted to travel to New Jersey from designated states.

If an individual is arriving to New Jersey from an impacted state and the person gets a virus test, even if he or she test negatively for COVID-19, the traveler is advised to self-quarantine for 14 days because they remain in the “incubation period.”

Many employers are complying with the requirements of the travel advisory because “compliance is expected.”  If an employer is not going to enforce the travel advisory quarantine, it is suggested that the possible consequences of non-compliance be discussed with the employer’s workers’ compensation carrier and employment counsel.

If you are an employer with questions about this legal alert or any other employment law related matter, contact Tracy Armstrong or any member of the Wilentz Employment Law team.

Tags: Coronavirus (COVID-19)Travel AdvisoryEmployment Law Update

BLOG DISCLAIMER

The postings on this blog were created for general informational purposes only and do not constitute legal advice or a solicitation to provide legal services.  Although we attempt to ensure that the postings are complete, accurate, and current as of the time of publication, we assume no responsibility for their completeness, accuracy, or timeliness.  The information in this blog is not intended to create, and receipt of it does not constitute, a lawyer-client relationship.  Readers should not act upon this information without seeking professional legal counsel.

This blog may contain links to independent third party websites and services, including social media. We provide these links for your convenience, and you access them at your own risk.  We have no control over and do not monitor the content or policies (including privacy policies) of these third-party websites and have no responsibility for, and no liability with respect to, their content, accuracy, or reliability.  Unless expressly stated, we do not endorse any of the linked websites or any product, service, or publication referenced herein or therein.  We will remove a link to any site from this blog upon request of the linked entity.

We grant permission to readers to link to this blog so long as this blog is not misrepresented. This site is not sponsored or associated with any other site unless so identified.

If you wish for Wilentz, Goldman & Spitzer, P.A., to consider representing you, please obtain contact information from the Contact Us area of this blog or go to the firm’s website at www.wilentz.com.  One of our lawyers will be happy to discuss the possibility of representation with you. However, the authors of Wilentz blogs are licensed only in New Jersey and/or New York and do not wish to represent anyone who viewed this site in a state where the site fails to comply with all laws and ethical rules of that state.

Sign Up

Tracy Armstrong Photo

Tracy Armstrong
Co-Chair, Employment Law Team
Shareholder
732.855.6020