Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: October 2, 2020
The Firm
201-896-4100 info@sh-law.comThe perfect storm of COVID-19 and the flu is expected to descend on New York and New Jersey this fall. Employers understandably want to take all reasonable precautions to keep their workers safe. But can they require employers to get vaccinations?

To date, federal and state agencies have not issued guidance regarding future COVID-19 vaccination. However, agencies like the Equal Employment Opportunity Commission (EEOC) have addressed the annual flu vaccine. State also have statutes that dictate who must receive an annual flu shot.
Eighteen states have enacted flu vaccination requirements for hospital healthcare workers, and 16 states establish requirements for hospital patients. New Jersey only mandates flu shots for small children. It does not require workers, even those in the healthcare industry, to get vaccinated against influenza.
The New York State Department of Health requires that all workers of healthcare and residential facilities who could potentially expose patients or residents to influenza either receive seasonal influenza vaccinations or wear a surgical mask during the period when influenza is prevalent in New York State (as determined by the state’s Commissioner of Health). New York also mandates flu shots for young children who attend daycare, Head Start, pre-K or nursery school.
In the absence of regulations, employers are free to establish their own workplace vaccination policies. However, to avoid facing legal liability, mandatory flu vaccination policies must provide for exceptions, as well as outline the steps that workers must take to rely on them.
For instance, an employee may be entitled to an exemption from a mandatory vaccination requirement based on a medical condition that prevents him from taking the influenza vaccine. Under the Americans With Disabilities Act (ADA), employers must provide a reasonable accommodation barring undue hardship, i.e. significant difficulty or expense. Similarly, under Title VII of the Civil Rights Act of 1964, once an employer receives notice that an employee’s sincerely held religious belief, practice, or observance prevents him from taking the influenza vaccine, the employer must provide a reasonable accommodation unless it would pose more than a de minimis hardship.
Employers that do not want to require vaccination can still strongly recommend that employees get a flu shot. To bolster these efforts and facilitate the process, employers can run a free flu shot clinic on site, offer “prizes” for workers who elect to get vaccinated, and allow workers to take paid time off to get vaccinated.
Given that COVID-19 can lead to lengthy employee absences and even force business closures, the benefits of a safe and effective coronavirus vaccine will be significant. Once inoculated, workers likely will hopefully be able to fully return to the office, interact with customers, and travel freely. Nonetheless, employers should carefully review any regulatory guidance that may be available before establishing a policy regarding COVID-19 vaccination. Much like the flu shot, employers will likely be required to allow employees to opt out of COVID-19 vaccination if they have medical or religious objections. At the same time, employers will also be likely to bolster vaccination by offering free vaccination at the workplace, much like flu shots.
If you have any questions or if you would like to discuss the matter further, please contact me, Maryam Meseha, or the Scarinci Hollenbeck attorney with whom you work, at 201-896-4100.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Once a child turns 18, parents lose the automatic legal authority to make medical and financial decisions on their behalf, even if the child still lives at home or remains on the family’s insurance. Three documents close that gap: a durable power of attorney, a health care proxy or directive, and a HIPAA authorization. For […]
Author: George McGowan

Business mediation is a confidential, voluntary process in which a neutral third party helps companies negotiate a resolution to a commercial dispute without going to trial. Because working with a mediator is very different from litigating in the courtroom, it is important to understand how commercial mediation works, when it makes sense for your dispute, […]
Author: Paul Grossman

The five most common causes of construction defect litigation are design defects, substandard materials, workmanship defects, code violations, and subsurface defects. Because these flaws can compromise a building’s integrity, functionality, or safety, they frequently lead to disputes involving multiple parties and high financial stakes. Key takeaways: What is Construction Defect Litigation? Construction litigation is complex, […]
Author: Paul Grossman

The most effective ways to protect your business in a divorce are put in place before one begins: a prenuptial or postnuptial agreement, clean separation of business and personal finances, and divorce contingencies built into your operating or buy-sell agreements. If divorce is already underway, the priorities shift to establishing how the business is classified […]
Author: Jay McDaniel

The most common franchise disputes involve breach of contract, franchise termination and non-renewal, intellectual property rights, territorial encroachment, royalty and fee payments, franchisor support obligations, and violations of state franchise laws such as the New Jersey Franchise Practices Act. Franchisors and franchisees can often resolve these conflicts by providing written notice detailing the dispute and […]
Author: Paul Grossman

New Jersey businesses must manage legal and reputational risk together because modern disputes play out on two fronts at once: the legal proceeding itself and the court of public opinion, where customers, employees, investors, and business partners often reach conclusions long before a judge or jury has had the opportunity to evaluate the facts. Success […]
Author: Sean M. Pena
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!