On January 11, 2022, New Jersey Governor Phil Murphy issued Executive Order No. 280 reinstating the State’s State of Emergency due to COVID-19. Exercising emergency powers, on January 19, 2022, Governor Murphy issued another Executive Order, No. 283, mandating that virtually all workers in the health care industry be vaccinated and receive booster shots for COVID-19. Previously, New Jersey healthcare workers had the option to be vaccinated for COVID-19 or submit to weekly testing.
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On January 13, 2022, the United States Supreme Court stayed the implementation of OSHA’s “vaccine or test” mandate for employers of 100 or more employees. As we previously posted, in November 2021 OSHA issued Emergency Temporary Standards (ETS), requiring certain employers to mandate COVID-19 vaccines for all employees or obtain weekly COVID-19 test results for unvaccinated employees.
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As we previously posted, in November 2021, the Occupational Safety and Health Administration (OSHA) issued Emergency Temporary Standards (ETS), requiring private employers of 100 or more employees to implement “vaccinate or test” requirements for workers. The ETS had been stayed by the Fifth Circuit Court of Appeals.
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On Friday, November 5, 2021, the Occupational Safety and Health Administration (OSHA) issued Emergency Temporary Standards (ETS), requiring certain employers to mandate COVID-19 vaccines for all employees or obtain weekly COVID-19 test results for unvaccinated employees. OSHA also issued a Fact Sheet and FAQs regarding the ETS..
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As we previously posted, in June 2021, the Occupational Safety and Health Administration (OSHA) published Guidance on Mitigating the Spread of COVID-19 in the Workplace. On August 13, 2021, OSHA updated its Guidance based upon the Centers for Disease Control and Prevention’s (CDC) recently updated recommendation that fully vaccinated individuals should wear masks in indoor public settings in areas of “substantial or high transmission.”
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The Occupational Safety and Health Administration (OSHA) recently published Guidance on Mitigating the Spread of COVID-19 in the Workplace. The guidance, consistent with the Centers for Disease Control and Prevention’s (CDC) recent recommendations for fully vaccinated individuals, is no longer recommending that employers take steps to protect their fully vaccinated workers who are not otherwise at risk, from COVID-19 exposure, unless required by state or local law. The new guidance, however, sets forth specific requirements for employers concerning unvaccinated or “at-risk” workers.
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Effective today, May 19, 2021, both New York and New Jersey have lifted the capacity limits for businesses that were imposed during the COVID-19 pandemic. Instead of the previous 50% capacity limit that applied to most businesses, capacity limits will now be governed only by social distancing requirements.
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Yesterday, the Centers for Disease Control and Prevention (CDC) announced significant changes to its COVID-19 public health recommendations for fully vaccinated people. According to the CDC, fully vaccinated individuals do not need to wear masks or socially distance “in any setting.” The CDC did, however, include an exception for when masks and social distancing are still required by federal, state, or local laws, or by a business.
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New York has enacted legislation requiring all private and public employers to provide employees with paid time off to obtain COVID-19 vaccines. The legislation adds new sections to New York’s Labor Law (Section 196-c) and Civil Service Law (Section 159-c), and will expire on December 31, 2022.
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Effective at 6 a.m. on March 19, 2021, New Jersey will expand the indoor capacity limits for certain businesses and increase the limit on indoor and outdoor gatherings. On March 11, 2021, Governor Murphy signed Executive Order No. 230, which effectuates the following changes to the current COVID-19 restrictions:
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As we wrote in an earlier post, in March of 2020, New York enacted a COVID-19 Sick Leave Law, which requires employers to provide sick leave benefits to employees who are under a mandatory order of quarantine due to COVID-19. The New York State Department of Labor (NYSDOL), recently issued informal guidance that significantly expands potentially eligible sick leave benefits, which employers need to be aware of.
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On February 3, 2021, Governor Murphy of New Jersey signed Executive Order No. 219, which eases COVID-19 related restrictions on certain businesses.. The changes became effective at 8 a.m. on February 5, 2021.
Under prior Executive Orders, the following businesses and activities were limited to 25% capacity:
Food or beverage establishments, including restaurants, bars, cafeterias, and food courts;
Entertainment and recreational businesses, including movie theaters, casinos and gyms;
On October 28, 2020, New Jersey’s Governor, Phil Murphy, issued his latest COVID-19 related executive order, Executive Order No. 192, which sets forth minimum COVID-19 safety requirements for all businesses that require or permit in-person workers. The requirements become effective November 5, 2020, at 6 a.m.. The good news for most employers is that the requirements largely consist of safety precautions already required by Governor Murphy’s previous executive orders and existing guidance from the Centers for Disease Control (CDC).
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On September 16, 2020, the United States Department of Labor (DOL) issued revised regulations under the Families First Coronavirus Response Act (FFCRA). As we had previously posted, the FFCRA created emergency paid sick leave and emergency expanded family and medical leave in response to COVID-19 illnesses and school closures.
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As businesses continue to emerge from the COVID-19 shutdowns and adapt to the new normal, they continue to face evolving requirements and guidance at the federal and state level. This post compiles key resources for businesses operating in New Jersey and New York.
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Today New York City joins the Mid-Hudson Region in Phase 2 of New York’s COVID-19 reopening. As businesses reopen, they need to be aware that New York has created some of the most detailed guidelines to date and the potentially the strictest compliance requirements in the country.
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Recently, Governor Murphy has signed a number of Executive Orders that start to reopen New Jersey’ economy and permit businesses that were closed due to the COVID-19 pandemic to reopen. Those Executive Orders not only set the dates for reopening, but also set forth specific requirements or limitations that businesses need to comply with when they do reopen.
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