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News Alert: N.J. Executive Order 243

On Behalf of | May 27, 2021 | Firm News |

N.J. Executive Order 243

Effective June 4, 2021, NJ Executive Order 243 lifts a lot of the indoor restrictions imposed on employers by E.O 107 and 192.  For businesses of all sizes who are not open to the public, you don’t have to continue to offer teleworking arrangements if you don’t want to and you can begin to bring workers back into the office.  These are minimum requirements and you can continue to maintain more restrictive and protective measures in your workplace at your discretion.

Note the language of Paragraph 2 of EO 243 which guides employers to verify that employees are fully vaccinated or require them to continue to wear masks.  As an employer, you can (a) ask if the employee has been vaccinated (yes/no) and (b) ask for proof of vaccination (i.e. vaccination card).  You can make it a health and safety policy in your workplace to require vaccinations, certainly for new employees.  For existing employees, you still want to engage in the “interactive” discussion about  why an employee is refusing to get vaccinated (protected categories are ADA and religious exemptions).  Also note the anti-retaliation provisions against anyone who chooses to wear a mask.