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COVID-19 New Jersey Employment Law Questions & Answers
3 Answers | Asked in Employment Law for New Jersey on
Q: My employer is requiring everyone gets vaccinated against COVID but I recently heard SCOTUS denied President Biden's

Vaccine mandate. Based on this, can my employer still require my vaccination or weekly testing,?

Lisa I. Fried-Grodin
Lisa I. Fried-Grodin
answered on Jan 16, 2022

Yes. Employers in NJ are allowed to require employees to get vaccinated as a condition of employment regardless of how the Supreme Court ruled in the OSHA case. They are required to make exceptions for those who can't get vaccinated for medical or religious reasons. Many health care employers... Read more »

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1 Answer | Asked in Employment Discrimination, Employment Law and Health Care Law for New Jersey on
Q: Q: Can I as a hospital employee bring a lawsuit against the hospital for trying to mandate the Covid-19 vaccine?

According to our US Constitution, Federal and State Citied Laws, this is absolutely illegal and unlawful to require or lose your job.

Carrie Dyer
Carrie Dyer
answered on Jun 2, 2021

It is not unlawful for your employer to mandate the COVID-19 vaccine as a condition of employment. However, your employer is obligated to consider exemption requests if they are based on medical or religious reasons.

1 Answer | Asked in Employment Law for New Jersey on
Q: Is New Jersey an “at will” state? Does an employer have any right to mandate the experimental Covid shot?
Lisa I. Fried-Grodin
Lisa I. Fried-Grodin
answered on May 20, 2021

New Jersey is an at-will state, but that does not apply to employees who have a contract with the employer, and it does not permit employers to terminate employees for unlawful reasons, such as retaliation or discrimination. Employers have the right to mandate that employees get the COVID-19... Read more »

1 Answer | Asked in Employment Law for New Jersey on
Q: Am I suppose to get paid for time of if exposed to covid 19 ?

if another employee tested positive for covid and the doctor advised to stay home for 10 days after exposure.

Rhiannon Herbert
Rhiannon Herbert
answered on Mar 23, 2021

The Fair Labor Standards Act is the federal law that governs the payment of wages, and it only requires that you be paid for time you are actually performing work. So, while employers have the option to pay employees for time off for illness or injury, it is not required under the FLSA.

1 Answer | Asked in Employment Law for New Jersey on
Q: Can an employer in NJ force an office worker back into the office one day a week under EO 107?

Under EO 107, paragraphs 10 and 11 offices must provide telework options for employees where practicable.

With this EO in place today, October 15 2020, can an employer tell an employee who was working remotely that they must come into the office for one day per week, working remotely the... Read more »

Lisa I. Fried-Grodin
Lisa I. Fried-Grodin
answered on Oct 19, 2020

If an employee has a need to work from home for a medical reason (COVID-19 or otherwise) including pregnancy, to quarantine, to take care of a sick family member or to care for a child who has to participate in school at home, the employee could have rights to request a full work from home... Read more »

1 Answer | Asked in Employment Law for New Jersey on
Q: What are my options when my supervisor is putting my health at risk and refuses to consider my doctor's orders?

NBOE staff started working remotely as of March 16, 2020. During this time, I developed an autoimmune condition. I have asked to work remotely until my health is stabilized and I'm not at high risk of contracting COVID-19. Currently, I'm seeing various specialists and I'm on various... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Aug 19, 2020

It sounds like you may have a claim for failure to accommodate under the Americans with Disabilities Act ("ADA"). Disabled employees who work for companies with 15 or more employees are entitled to request reasonable accommodations from their employer. While your employer doesn't... Read more »

1 Answer | Asked in Employment Law for New Jersey on
Q: put on leave of absence without pay during pandemic,collecting unemployment.Now offerred 2xlessto go back to work.Legal?
Rhiannon Herbert
Rhiannon Herbert
answered on Jul 7, 2020

The Fair Labor Standards Act (the federal laws governing this situation) don't provide a lot of protection against this sort of issue. Under the FLSA, you need only be paid at least minimum wage for all hours of work you perform. So, while your situation sounds unfair, as long as you are still... Read more »

1 Answer | Asked in Employment Law for New Jersey on
Q: Can we take temperatures of employees daily upon entering workplace?

We are a manufacturing facility deemed "ESSENTIAL" we want to gradually bring plant workers in as needed but I am confused as to what our rights are -

Kyle Anderson
Kyle Anderson
answered on Apr 22, 2020

EEOC guidance states that, because the CDC and state/local health authorities have acknowledged community spread of COVID-19 and issued attendant precautions as of March 2020, employers may measure employees' body temperature. As with all medical information, the fact that an employee had a... Read more »

1 Answer | Asked in Employment Law for New Jersey on
Q: My employer is essentially threatening me with unemployment if I do not "contribute" while on furlough. What do I do?

Due to COVID-19 the entire small business of 10 employees was put on furlough. My manager told me, "we can only ask you if you would like to volunteer and your job isn't in jeopardy." But later in the day, I get a call from the owner with thinly veiled comments that I might not be a... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 22, 2020

Under the Fair Labor Standards Act, you must be paid for all hours worked. If the work your employer is asking you to "volunteer" to perform for no pay is the same type of work you normally perform for pay, then you should be paid for this time and any other "volunteer" work... Read more »

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