In our December 11, 2020 publication found here, we explored the ability of employers to mandate COVID-19 vaccinations in the workplace. In short, in the absence of federal or state laws to the contrary, employers are free to mandate vaccinations. On December 16, 2020 the EEOC issued guidance that paved…
Labor & Employment
Wage and Hour Law: Determining Who Gets Overtime
Federal and State law require nonexempt employees to be paid time and one half their regular hourly wage for hours worked in excess of 40 hours in any given workweek. Overtime is calculated based on an employee’s regular hourly wage.[1] Assuming there is no contract or other obligation imposed by…
The FFCRA Expires December 31, but Employers Can Still Claim Tax Credits for COVID-Related Paid Leave in 2021
In response to the pandemic, Congress passed the Families First Coronavirus Response Act (the “FFCRA”) that provided up to 10 days of emergency paid sick leave for COVID-related absences and up to 12 weeks emergency paid family leave to care for a child in the event of a COVID-related school…
The Next Frontier: Mandatory Vaccinations for Employees?
As the pandemic enters its tenth month, employers have had to adjust to significant interruptions to the workplace and the new mandates under the Families First Coronavirus Response Act and other state law protection to individuals and families impacted by the virus. Now that several pharmaceutical companies are about to…
New Jersey Legislators Poised to Pass Recreational Marijuana Bill That May Send the Safety-Sensitive Exception up in Smoke
On the heels of the victory of the recreational marijuana referendum at the polls, the New Jersey Senate and Assembly moved swiftly to introduce proposed legislation regulating the use, licensing and taxation of marijuana. As of this writing the Legislature was close to sealing a deal and a vote could…
CDC Recommends Universal Use of Face Masks and Shortens Travel Quarantine Recommendation
In the face of mounting COVID-19 infection rates throughout the country, on December 4, 2020 the CDC issued a recommendation for the universal use of facemasks in indoor spaces as well as outdoor spaces when 6 feet of social distancing cannot be maintained. In addition, the CDC recommends the wearing…
CDC Issues New Guidance on Quarantine of Individuals Exposed to Persons with COVID-19
Until now, the CDC recommended a 14-day quarantine for individuals who might have had “close contact” with a person who has or is suspected of having COVID-19.[1] This quarantine was longer than the 10-day recommendation for those who test positive, as the longer quarantine period is based on estimates of…
Final “Transparency Rule” Issued for Group Health Plans and Insurers
On October 29, 2020, the Department of Health and Human Services (“HHS”), the Department of Labor (“DOL”), and Department of Treasury (“DOT”) collaborated to issue a final “transparency rule” aimed at providing greater information to consumers, thereby allowing them to explore different healthcare options and avoid surprise billing for services…
New Jersey Mandates Workplace Health and Safety Standards During COVID-19 Pandemic
On October 28, 2020, Governor Murphy signed Executive Order No. 192[1] providing mandatory health and safety protocols aimed at protecting New Jersey employees during the COVID-19 pandemic. The executive order, which takes effect immediately, mandates that as of 6:00 a.m. on Thursday, November 5, 2020, all employers shall be required…
The Hiring Process: Best Practices and Common Pitfalls
Employee Recruitment Title VII prohibits employment discrimination based on race, color, religion, sex and national origin. Employers must be mindful of recruiting and hiring with Equal Employment Opportunity principles in mind and must implement practices that ensure recruitment and hiring decisions are not based on an employee’s protected status. Applications…