Labor and Employment Law

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

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” 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

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. 

On January 12, 2021, the U.S. Court of Appeals for the Fifth Circuit vastly changed the landscape for collective action wage and hour claims under the federal Fair Labor Standards Act.

In Swales v. KLLM Transport Services, L.L.C., the Fifth Circuit rejected the lenient standard typically employed by federal district courts for “conditionally certifying”