May 27, 2021 | 37 Comments
Posted by Ari Burd
Co-Authored by Jay Becker
Only two days after announcing a limited end to mask and social distancing requirements that did not include workplaces closed to the public, Governor Murphy has clarified his prior order and indicated that vaccinated employees, at all workplaces, who provide proof of vaccination, are now exempt from mask and social distancing requirements. As such, once vaccination records have been provided, businesses that are closed to the public can excuse vaccinated employees from mask and social distancing requirements. Those business reviewing and filing vaccination records should take care to treat these documents as medical records. That means filing them separately from other personnel records, typically in a locked file cabinet or password protected electronic file. Notably, the Governor’s order further clarifies that daily health checks must continue to be conducted at the workplace. This rule goes into effect on Friday June 4th.
Also effective June 4th, Gov. Murphy has rescinded the requirement that employers accommodate their workforce for telework. In other words, all employers are free to require their employees return to the physical workplace (office, factory, warehouse, etc). That said, Gov. Murphy noted during his recent press conference that this “doesn’t mean we don’t expect you to be flexible and to work with employees — particularly those who are juggling family obligations such as child care.”
As always, the Labor and Employment Law Department of Giordano, Halleran & Ciesla stands ready to assist you. Please contact Ari Burd, Jeri Abrams or Jay Becker with any questions
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