On August 23, 2021, the FDA announced the Pfizer COVID-19 vaccine is now fully approved. With this news, more and more employers are adopting, or considering whether to adopt, vaccine mandates for their workforces. One issue that a vaccine mandate raises is whether employers can lawfully ask job applicants about their COVID-19 vaccination status after
April Walter
OSHA Updates Employer COVID-19 Guidance
On August 13, 2021, the Occupational Safety and Health Administration (OSHA) updated its COVID-19 guidance for non-healthcare employers. The updates to OSHA’s “Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace” publication follow the CDC’s July 27, 2021 updated mask and testing recommendations for fully vaccinated people.
Some…
“Long COVID” as a Disability under the Americans with Disabilities Act?
“Long COVID” or “long-haul COVID” are terms coined to describe a range of new or ongoing systems that can last weeks or months after first being infected with the COVID-19 virus. The CDC’s website lists many commonly reported symptoms among “long haulers,” which list includes:
- Difficulty breathing or shortness of breath
- Tiredness or fatigue
- Symptoms
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Employer “Poster” Compliance for Remote Workers
With many employees shifting to work remotely long-term in the wake of the COVID-19 pandemic, employers must be mindful of how to comply with their employment-law posting requirements vis-à-vis their remote workers. The commonly used laminated collage of posters hanging on an employee bulletin board back at the office will not suffice for these workers. …
Texas Expands the Ability to Recover Attorneys’ Fees in Breach of Contract Cases Filed on or After September 1, 2021
A significant amendment to the Texas statute that allows for recovery of attorneys’ fees by a prevailing plaintiff in an action for breach of contract will take effect on September 1, 2021. Previously, Texas courts have interpreted Texas Civil Practice and Remedies Code section 38.001 to award attorney fees against only individuals and corporations, not…
Texas Expands Sexual Harassment Laws Effective September 1, 2021
Several significant expansions of Texas sexual harassment law will take effect on September 1, 2021 (see Senate Bill 45 – TX SB45 | 2021-2022 | 87th Legislature | LegiScan). These expansions make it critical for virtually all Texas businesses to adopt formal written policies and train workers on the prohibitions against sexual harassment.
First,…
Did President Biden Just Outlaw Employee Noncompete Agreements?
On July 9, 2021, President Biden signed the Executive Order on Promoting Competition in the American Economy While the Order is aspirational and a policy road map, it does not operate to ban, or otherwise restrict in any way, the enforcement of employee noncompete agreements.
In the week that followed, many news outlets published articles…