New Jersey governor requires vaccination or testing for all state contractors

On October 20, 2021, New Jersey Governor Phil Murphy signed Executive Order (EO) 271 requiring all state contractors to mandate vaccinations or weekly COVID-19 testing for all employees. The move follows several other vaccine mandates imposed by the state and the federal government. As the rules go into effect, public and private employers need to be aware of their obligations under state and federal law to vaccinate and/or test employees for the virus.

EO 271 and other state mandates

EO 271 directs the state of New Jersey and all state agencies and authorities to include a clause in all state contracts requiring the contractor and any subcontractors to maintain a policy requiring their employees to be fully vaccinated or undergo weekly COVID-19 testing. The order applies to all new contracts, all new solicitations for a contract, and any renewal or extension of a previous contract in which the cost is to be paid out of state funds.

Specifically, EO 271 covers contracts for “services, construction, including demolition, remediation, removal of hazardous substances, alteration, custom fabrication, repair work, or maintenance work, or a leasehold interest in real property.” The order covers employees of contractors who enter, work at, or provide services in any place in which any state department or agency conducts business or is within the department or agency’s control.

EO 271 is the latest in a series of directives by Governor Murphy mandating COVID-19 vaccinations or testing for certain employees. Here are the orders affecting groups of other types of workers: