Many across the State are celebrating Governor Murphy’s Executive Order (EO) No. 242 lifting the mask and social distancing mandates for businesses and workplaces put in place by EO 192 at the outset of the COVID-19 pandemic. Specifically, EO 242 states that individuals in “indoor public spaces” are no longer…
Labor & Employment
Mask Mandates Are Falling – What Are Employers To Do?
On May 13, 2021 the CDC unexpectedly recommended that, with limited exceptions, fully vaccinated individuals can resume all indoor and outdoor activities without wearing masks or social distancing, except where required by law or workplace guidance. Individuals are deemed fully vaccinated 2 weeks after their final dose of the vaccine.…
Zero Tolerance Policy? Not So Fast. Proposed Cannabis bill offers Clarification and Possible Relief to Some Employers.
After much anticipation, New Jersey’s Governor Murphy signed the “New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act” into law on February 22, 2021. While this law made adult use recreational cannabis legal, the extensive law, together with a few “clean up bills,” did a whole lot more than…
OSHA Issues New Guidance on Mitigating COVID-19 in the Workplace
On the heels of President Biden’s Executive Order on Protecting Worker Health and Safety directing the Department of Labor and the Occupational Safety and Health Administration (“OSHA”) to issue “science-based guidance” to protect workers from COVID-19 exposure, the agency announced its updated guidance entitled Protecting Workers: Guidance on Mitigating and…
CDC Recommends Vaccinated Persons Do Not Need to Quarantine After Exposure to COVID-19
Now that COVID-19 vaccines are being administered to the general population, the Centers for Disease Control (the “CDC”) has issued new quarantine recommendations for individuals who have received the vaccination. Quarantine not necessary for vaccinated individuals outside a healthcare setting who meet certain criteria. Under the new CDC recommendations, individuals…
“PLEASE, DON’T SIGN NOW, TAKE IT HOME AND THINK IT OVER”: A Cautionary Tale for Employers
A recent decision from the New Jersey Appellate Division serves as a warning to employers requiring employees to sign a bevy of employment-related documents during an orientation period. The case, Imperato v. Medwell, LLC, concerned the enforceability of Mutual Agreement to Arbitrate all employment related disputes. The employee acknowledged that…
Changes to the Employment Landscape Under the Biden Administration
The Biden Administration has made it clear that it intends to reverse many of the Trump Administration’s regulatory initiatives. During his campaign Biden touted himself as a champion of labor, and his administration’s actions immediately after assuming power suggest that he intends to keep this campaign promise. This article summarizes…
Adult Use Recreational Marijuana May Soon Be Legal, but Employers in New Jersey Are Left in the Dark
In November 2020, by a vote of 67.08% to 32.92%, the voters of New Jersey passed a ballot measure to amend New Jersey’s Constitution to make use of recreational marijuana by those over age 21 legal in New Jersey beginning on January 1, 2021. However, until legislation is signed by…
New EEOC Guidance Green Lights Mandatory Vaccination Programs by Employers
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…
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…