Last week, the Equal Employment Opportunity Commission (“EEOC”) issued guidance clarifying that, in certain circumstances, employers will have the ability to require that employees receive the COVID-19 vaccine (the “Guidance”).  As the vaccine becomes more publicly available in the coming months, employers must consider both the legal and practical implications of adopting a mandatory vaccination policy.  As a result of these implications discussed below, many employers may also consider whether encouraging employees be vaccinated (instead…

On October 28, 2020, New Jersey Governor Phil Murphy issued Executive Order Number 192, which mandates that every employer that “requires or permits its workforce, whether in part or as a whole, to be physically present at a worksite to perform work” abide certain minimum workplace requirements. These requirements, which become effective on November 5, 2020 at 6:00 a.m., include that all employers ensure the following:     Individuals at the worksite must maintain at…

New York State Paid Sick Leave Law As we previously reported, New York State passed the New York State Sick Leave Law (“NYSSL”), which went into effect on September 30, 2020.  While some New York localities, such as New York City and Westchester County, have their own sick leave laws, the NYSSL will apply state-wide.  In sum, the NYSSL requires all private employers in the State to provide workers with sick leave benefits of…

This article was co-authored by Kylie Cimmino of Red Clover. The State of New Jersey has not taken a one size fits all approach in return to school plans for the 2020-2021 school year.  The New Jersey Department of Education (“NJDOE”) has received approximately 800 different plans for reopening, and as of September 30, 2020, about half of school districts in New Jersey announced adopting a hybrid in-person and remote learning approach for (at least)…

We have posted repeatedly about the Families First Coronavirus Response Act (“FFCRA”), 3/17, 3/19, 3/27, 4/6, 8/10 and 9/3, which was enacted on April 1, 2020 to provide certain employees with leave and benefits necessitated by COVID-19.  Effective September 16, 2020, the United States Department of Labor (“DOL”) issued revised regulations under the FFCRA. As discussed in our August 10, 2020 blog, on August 3, 2020, the Southern District of…

As we have recently posted on numerous occasions, 3/17/20, 3/19/20, 3/27/20, 4/6/20, and 8/10/20, the federal Families First Coronavirus Response Act (“FFCRA”) requires most employers with fewer than 500 workers to provide paid time off for specified reasons related to COVID-19, including that (1) the employee is suffering from COVID-19 symptoms and seeking a medical diagnosis for same or is subject to a quarantine order; (2) the employee is caring…