Vaccines

Just in time for Memorial Day weekend, New Jersey Governor Phil Murphy has signed Executive Order 242, removing many of the state’s remaining COVID-19 restrictions. This Executive Order recognizes the marked progress New Jersey has made in combatting the COVID-19 pandemic, both in the declining number of COVID-19 cases and the percentage of State residents who are fully or partially vaccinated.  … Continue Reading

On May 13, 2021 the CDC overhauled its guidance, stating that fully vaccinated people can resume most of their pre-pandemic activities without wearing a mask or social distancing. This includes indoor and outdoor gatherings, regardless of size. The CDC does still recommend that fully vaccinated people wear a mask while using public transportation and in health care settings, correctional facilities, and homeless shelters.… Continue Reading

On Friday, May 7, Pfizer and its partner BioNTech filed an application seeking full approval from the United States Food and Drug Administration (FDA) for its COVID-19 vaccine for patients age 16 and up.  Pfizer is the first COVID-19 vaccine producer to do so. Full approval would allow Pfizer to market and distribute its vaccine without seeking a new emergency authorization.… Continue Reading

On May 3, 2021, Governor Murphy announced that New Jersey, along with New York and Connecticut, would lift many COVID-19 pandemic restrictions affecting the region’s businesses, venues, and gatherings over the course of the next several weeks.  Governor Murphy cited the vaccination progress and the decline in the number of COVID-19 cases in the state as supporting factors for easing the restrictions, underscoring that the partnership with neighboring states and steps taken by New Jersey are the results of data-driven decision-making. … Continue Reading

On April 2, 2021, the Centers for Disease Control and Prevention (CDC) released guidance entitled Interim Public Health Recommendations for Fully Vaccinated People. The guidance states that certain restrictions have been eased for fully vaccinated people — defined as receiving both doses of the Pfizer or Moderna vaccine, or the single dose of the Johnson & Johnson vaccine.  … Continue Reading

On Monday, the City of Philadelphia adopted a new version of Public Health Emergency Leave (PHEL), mandating up to 80 hours of paid leave benefits in 2021 for employers with 50 or more employees.  The law went into effect on the date it was signed — March 29, 2021. PHEL is a new leave entitlement in 2021 that is not reduced based on any leave usage prior to its enactment.  … Continue Reading

The New Jersey Department of Health and the Department of Law and Public Safety (which oversees the New Jersey Division on Civil Rights) have issued guidance in the form of FAQs regarding the right of employers to mandate the COVID-19 vaccine under New Jersey law. The guidance generally tracks that published by the federal Equal Employment Opportunity Commission in December.… Continue Reading

In a decision with potential implications for employers who are considering implementing a mandatory COVID-19 vaccine policy, a federal court in New York found that a hospital employee who was terminated in December 2017, for not complying with her employer’s mandatory flu vaccine policy, failed to adequately support her claim for pregnancy discrimination. … Continue Reading

On March 11, 2021, President Biden signed the American Rescue Plan Act. At $1.9 trillion, it is the second largest stimulus bill in legislative history. The ARP includes labor-related spending initiatives important to both employers and employees.

Employers should particularly take heed of the increased funding to OSHA for enforcement actions, which could indicate a potential increase in the number of audits and inspections, as well as additional scrutiny of whistleblower claims.… Continue Reading

On February 28, 2021, an employee of a county detention center filed suit in federal court in New Mexico seeking an injunction to prevent the employee from being fired for refusing to get a COVID-19 vaccine on the basis that the vaccines have only been approved by the U.S. Food and Drug Administration (FDA) under an Emergency Use Authorization (EUA) and cannot be mandated by employers under the EUA law.… Continue Reading