A Capehart Scatchard Blog

Policy

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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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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Is the Government Travel Advisory an Enforceable Order?

By on August 5, 2020 in Policy with 0 Comments

As most of us know, the Governors of New Jersey, New York, and Connecticut have issued a “travel advisory” indicating that those who travel from certain states must quarantine for a period of 14-days after the last contact with those states. Is this “advisory” an enforceable order? Well, this topic is becoming one of the […]

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EEOC Clarifies Allowable COVID 19 Testing For Employees

By on July 1, 2020 in Policy with 0 Comments

Over the last several months, the Equal Employment Opportunity Commission (“EEOC”) has continued to refine its past issued Guidances on what employers can do to safeguard employees from COVID-19 workplace exposure. One such measure that employers can utilize is mandating that all employees be tested for COVID-19.  But previously the EEOC never said what type of testing […]

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New Jersey’s Groundbreaking New Wage Anti-Theft Law

By on August 28, 2019 in Legislation, Policy with 0 Comments

In the past, employees who believed that they were not properly paid in line with minimum wage and overtime pay requirements under New Jersey’s wage payment law could either bring a lawsuit in state court or file an administrative claim with the New Jersey Department of Labor to recoup unpaid wages. Many politicians and leading […]

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NJ Department of Labor Issues Proposed Regulations on Earned Sick Leave

By on October 2, 2018 in Employee Rights, Policy with 1 Comment

In advance of the October 29, 2018 effective date for the New Jersey Paid Sick Leave Law (“Law”), which requires every employer to provide earned sick leave to each employee working in New Jersey, the New Jersey Department of Labor and Workforce Development filed proposed rules to implement the Law. The proposed rules expand upon […]

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One Toke Over the Legal Line Can Result in Employee Firing

By on August 22, 2018 in Policy with 0 Comments

Ever since New Jersey’s Compassionate Use Medical Marijuana Act was passed in 2010, one of the issues that employers have wondered about is whether an employee who used medical marijuana could be terminated for violating an employer’s drug and alcohol testing policy.  That question has been the subject of many court decisions throughout the country […]

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