A Capehart Scatchard Blog

The Legality of COVID-19 Employee Vaccinations Mandates

By on September 2, 2021 in Policy with 0 Comments

With the Pfizer COVID-19 Vaccine recently receiving full Food and Drug Administration (“FDA”) approval, the question on many employer’s minds is whether legally employers can now mandate employee vaccinations for COVID-19 as a condition of employment.  Even before this recent approval of the Pfizer Vaccine, many employers had already decided to require vaccinations (or alternatively […]

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Employee Disclosure of COVID-19 Vaccinations

By on June 16, 2021 in Policy with 0 Comments

With more and more businesses taking the first steps to reopen as the pandemic begins to wane, I have been getting this question from more and more of my clients: Can we ask our employees to provide proof that they have been vaccinated against COVID-19?  The answer is that an employer may indeed ask that […]

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New Jersey Issues Employer Vaccine Guidelines

By on May 5, 2021 in Policy with 0 Comments

With the increased availability of COVID-19 vaccines in New Jersey, the state Department of Health (“DOH”) recently issued Guidelines allowing employers to mandate COVID-19 vaccinations for its employees. Nonetheless, even in the face of such state Guidelines, employers should still proceed cautiously in implementing such vaccine mandates for employees given the mere emergency use authorization granted to […]

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LAD Arbitration Limitation Struck Down By Federal Court

By on April 7, 2021 in Arbitration with 0 Comments

In 2019, when the New Jersey Law Against Discrimination (“LAD”) was amended at the height of the “Me Too” movement, one change made was adding a provision that precluded an employer from requiring an employee to waive their right under the LAD to a jury trial.  Most employment law practitioners understood that this provision was […]

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Legal Marijuana and New Jersey Employee Rights

By on February 25, 2021 in Employee Rights with 0 Comments

On February 22, 2021, Governor Murphy finally signed three bills into law that effectively lay the ground work for legalized use of recreational marijuana in New Jersey.  While it could be some time before widespread legalized marijuana is available for purchase as the state establishes the needed infrastructure for the sale of the drug through […]

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COVID-19 and the Holidays

By on November 25, 2020 in Other with 0 Comments

As I am writing this article, it is the eve of what will likely be one of the most unique Thanksgiving holidays that any of us have experienced in our lifetimes, thanks to COVID-19. The Centers for Disease Control (“CDC”) has already issued directives that persons should not travel during the upcoming holiday season, and […]

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New Workplace Requirements For Covid-19 Protections

By on November 4, 2020 in Policy with 0 Comments

By: Lara M. Ruggerio, Esq.Editor: Ralph R. Smith, 3rd, Esq. On October 28, 2020, Governor Murphy signed Executive Order 192, requiring employers to take certain precautions and measures to prevent the further spread of COVID-19 and safeguard employees in the workplace. According to the Executive Order, the requirements outlined therein are intended to provide a […]

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COVID-19 and New Disability Obligations

By on October 28, 2020 in Policy with 0 Comments

In this space, I have written a couple articles on the need for employers to be aware of accommodation obligations under federal and state disability laws for those employees who are high risk for either COVID-19 exposure or more serious health problems from COVID-19.  I want to focus today on a different aspect of the […]

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A Refresher on Handling Reasonable Accommodations

By on September 30, 2020 in Policy with 0 Comments

In this current age of COVID-19, employers are seeing more and more requests from employees seeking a workplace reasonable accommodation. Some of these requests emanate from the employee’s own health condition that increases risks for COVID-19 complications. On the other hand, some employees are seeking to avoid coming into work because close family members have […]

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Vaccines and the Workplace

By on September 2, 2020 in Employee Rights with 0 Comments

Anyone watching the news today has seen report after report about a possible vaccine for the coronavirus and the speedy progress being made towards its development.  This vaccine is hoped by many to be the cure all to allow the world to go back to some semblance of the normalcy that existed before the commencement […]

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