COVID-19: Do I Still Need To Be Worried About Employer Policies?

In general, New Jersey state provides employees with some of the best protection available in the 50 states by comparison. That includes protection associated with earned sick leave, family leave, and temporary disability. Employment attorneys in NJ are regularly asked how these labor rules apply to COVID-19. Fortunately, the protection benefits are provided for different employee categories, not just being limited to full-time workers alone.

With the arrival of COVID-19 in early 2020, a number of additional rules and laws were put into place specific to the pandemic. However, they were not all permanent going forward.

So, for example, unemployment insurance benefits that were expanded for the economic impact that hit in early 2020 as a result of shutdowns ended in September 2021. That said, COVID-19 and its medical impact fall under general medical protections already in place, including the New Jersey Family Leave Act and similar under federal law.

Employer Policies on Employees

On the opposite end of the pandemic risk management issue, employers in certain industries and operations are still required to maintain vaccination records with employees. The most prominent are employers operating health care facilities and residential care centers for seniors as well as what is defined as high-risk congregation locations, and New Jersey quarantine rules may still apply in these circumstances.

Employers are empowered to enforce stricter mandates regarding vaccinations and virus testing for their employees as long as these requirements adhere to fair employment laws and comply with legal standards for testing and vaccinations, aligned with the guidelines set by the Centers for Disease Control and Prevention (CDC). On the other hand, some school districts and government agencies in New Jersey have discontinued the practice of routine testing, and these mandates have yet to be reinstated.

Mutually Agreed Employer’s Policy

Keep in mind that private companies and non-governmental organizations operating within federal and state labor laws are maintaining their employment with employees on a contractual basis. Most workers for these entities operate under an at-will status. However, even those with commitments still base their employment on an agreement with the employer.

Employers who wish to apply more stringent COVID-19 requirements can do so. Employees then have to choose if they still want to work for that employer or elsewhere. It is in the application of rules retroactively that employer requirements can become an overreach, even contractually.

Furthermore, where an employer has already engaged in collective bargaining and has represented employee groups within its operation, the employer’s changes per policies would likely need to be negotiated with related representation, depending on the terms of rights of the collective bargaining agreement that applies to that company. Not doing so would likely be a violation of meet and confer requirements and would then trigger a legal labor dispute under state law, at least.

Employers often make changes to employment policies the organization’s management feels are appropriate, and employees stay silent to avoid affecting their position and income. However, this dynamic can be easily abused.

In such cases, it is time for employment attorneys who can remind the employer what their limitations are under the law. Usually, such situations end up being resolved amicably. It is quite common for an employer’s HR office to have misinterpreted how broad their internal policies can be applied, and company general counsel may not have specialized expertise in labor law versus broad business law review.

Do you Need Legal Help for Employment Policy Issues?

If you find yourself in a situation where employer rules are being applied inconsistently with what seems to be the standard for your industry and the latest direction to the public from New Jersey, Ashton E. Thomas can help.

Our firm regularly addresses employment law NJ requirements. We can confirm what is allowable and how to protect your rights as an employee. As Elizabeth NJ lawyers, we have the ability to pursue the matter with all types of NJ employers, regardless of industry, that is operating or based in New Jersey.

You do not need to stay silent to requirements that become unnecessarily invasive or abusive of your rights as an employee. Call Ashton Thomas, Esq., and let us help.