HR Alerts

Aug 2022

The Equal Employment Opportunity Commission has revised its guidance on whether employers can test employees for COVID. Employers are now advised to have a “business necessity” assessment, including: the level of community transmission; the vaccination status of employees; the ease of transmissibility of the current variant(s); and the types of contacts employees may have with others in the workplace or elsewhere that they are required to work.

Read more on EANJ Employer COVID Resource  

Jul 2022

In Dobbs v. Jackson Women’s Health Organization, decided on June 24th, The U.S. Supreme Court held that the U.S. Constitution does not confer any right to an abortion and therefore each state must decide for itself to allow, limit or restrict the procedure.  New Jersey law preserves the right to an abortion. Most insurance companies in New Jersey provide coverage for abortion.  However, the Affordable Care Act does not require health insurance plans to cover abortion services.  Employers should check their plans and call their brokers or insurance companies.   Many employers have employees throughout the U.S. and states may prohibit abortion services.  In that case, employers may consider assisting employees with the cost of travel to obtain care out-of-state but should consult with counsel  to consider how that is done and the tax treatment of such benefits. 

Jun 2022

It is estimated that nearly one in five U.S. adults live with a mental illness.  The U.S. Department of Labor’s Wage and Hour Division has made available resources for employers to better understand how to comply with the FMLA when it comes to mental health conditions.  An eligible employee may take FMLA leave for their own serious health condition or to care for a spouse, child or parent because of their serious health condition, which can include a mental health condition.  Learn more here.

May 2022

Twelve dispensaries in New Jersey have been approved to sell cannabis items and products commercially. “Cannabis item” means any usable cannabis, cannabis product, cannabis extract, and any other cannabis resin. “Cannabis product” means a product containing usable cannabis,  extract, or any other cannabis resin and other ingredients intended for human consumption or use, including a product intended to be applied to the skin or hair, edible cannabis products, ointments, and tinctures. Employers are prohibited from taking adverse action against employees that use cannabis items and products.
 
Join Andree Laney, Esq on June 2nd for a complete overview of the N.J. Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act and what it means for employers.  Details and registration for Marijuana and the NJ Workplace.

Apr 2022

The U.S. Department of Health and Human Services has published a One-Stop COVID Resource connecting employers and employees with more information about COVID-19 spread, prevention, and treatment in their communities.
 
Visit EANJ Employer Resource page

Mar 2022

The New Jersey Secure Choice Savings Program, also called the NJ Auto-IRA Law, is set to go live in March, 2022. Once the program is up and running, employers must comply within nine months or be subject to penalties. While the initial implementation date was March 28, 2021, the program was allowed up to a one year extension due to COVID-19. Accordingly, March 28, 2022, will be the deadline to establish guidelines for businesses, create a website with up-to-date information, govern risk management, determine investment options, and implement the program.
 
Join EANJ on March 15th to learn about how the new retirement savings law will impact your business and how to stay compliant with the new regulations. Details & Registration here.

Feb 2022

EANJ members are invited to join the Governor’s Office and the N.J. Department of Health for a one-hour vaccine information session on Wednesday, February 2nd at 12:00pm.  With much in the news about new variants, third doses and boosters, we thought it might be a good time to provide you with an update of the status of vaccines in New Jersey.

Register in advance for this webinar: https://www.zoomgov.com/webinar/register/WN_4KHc4soYShOZTSKnopW-VQ

After registering, you will receive a confirmation email containing information about joining the meeting.  Please save your confirmation email as it has the link to join the meeting.

Jan 2022

In a divided decision, the U.S. Supreme Court enjoined the enforcement of OSHA’s Emergency Temporary Standard  requiring employers with 100 or more employees to administer Covid-19 vaccine-or-testing rules, holding that “OSHA’s indiscriminate approach fails to account for this crucial distinction—between occupational risk and risk more generally – and accordingly the mandate takes on the character of a general public health measure, rather than an “occupational safety or health standard.”   The Court did allow the mandate for healthcare facilities that participate in Medicare and Medicaid.
 
We anticipate new industry-specific rules in the future, as the Court expressly stated, “Where the virus poses a special danger because of the particular features of an employee’s job or workplace, targeted regulations are plainly permissible. OSHA could regulate risks associated with working in particularly crowded or cramped environments. But the danger present in such workplaces differs in both degree and kind from the everyday risk of contracting COVID–19 that all face.”  
 
We have already gotten questions, one of which is, “Can a private employer still implement vaccine mandate without an OSHA rule?” Answer: Yes
 
Employer COVID Resources here

Read Court decision here
 

Jan 2022

On Tuesday, January 11th, Governor Phil Murphy re-instituted the Public Health Emergency, via executive orders, allowing the state to continue vaccine distribution, vaccination or testing requirements in healthcare and other settings, the collection of COVID-19 data, implementation of any applicable recommendations of the Centers for Disease Control and Prevention (CDC) to prevent or limit the transmission of COVID-19, staffing and resource allocation, and other critical components of the State’s COVID-19 response. The new orders also reauthorize existing orders requiring masking in school and daycare settings to remain in effect.

Executive Order No. 280, please click here.
Executive Order No. 281 please click here.
 
Government Contractors: Vaccination or Test Mandate
 
Under the Executive Orders, new contracts, new solicitation for a contract, extension or renewal of existing contracts, and exercise of an option on existing contracts, must include a clause that the contractor or any subcontractors, at any tier, that is party to the contract, must maintain a policy that requires all covered workers to either provide adequate proof to the covered contractor that they have been fully vaccinated or submit to COVID-19 testing at minimum one to two times weekly.
 
CDC Masking Guidance for Employers
 
In response to the rapidly spreading Omicron variant and the increased infection rates for vaccinated and non-vaccinated employees alike, it is suggested that all employees regardless of vaccination status mask up at work.  All counties in NJ currently have “extremely high” transmission rates.  Masking guidance can be found here.
 
Status of OSHA Vaccination/ Testing Mandate
 
While the OSHA Vaccine Mandate remains under consideration at the Supreme Court, the court did not block its implementation.   As of Monday, January 10th, employers with 100 or more employees were required to have a database of their workers’ vaccination status, post their company vaccine policy, provide paid leave to workers getting the vaccine and require unvaccinated employees to wear a mask at work.  OSHA has said it won’t issue penalties for noncompliance with the testing mandate until Feb. 9, which is the deadline for employers to implement the weekly COVID-19 testing alternative for unvaccinated workers.   The agency has said it will not issue citations until Feb. 9th if employers are making good faith efforts to comply.  How will OSHA know? Employee complaints.  On the other hand, the court’s decision is expected soon, perhaps this week. So, many employers with 100 or more employees remain waiting in a holding pattern.

Jan 2022

With many employers requiring employees to get COVID tests, hundreds of testing locations are available across the state.  Home tests are also available.

Order a free saliva-based PCR test, shipped directly to your home at no cost.
Find a list of free, public testing sites, including pop-up testing sites