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
COVID-19
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. …
Tighter pipeline regulations part of second COVID-19 stimulus package
On December 21, 2020 Congress passed the lengthiest piece of legislation in its history—nearly 5600 pages. While most Americans are focused on the provisions of the “Consolidated Appropriations Act, 2021” related to coronavirus response and recovery, it also included provisions that will directly impact pipeline operators.
The “Protecting Our Infrastructure of Pipelines and Enhancing…
Congress Provides More Time To Use FFCRA Paid Leave (at the Employer’s Option)
On Monday, December 21, 2020, Congress passed another stimulus package to provide certain coronavirus relief for individuals and businesses, among other things. One looming question was whether Congress would extend the emergency paid sick leave (EPSL) and emergency paid family leave (EFMLA) provisions of the Families First Coronavirus Response Act (FFCRA) into next year?
The…
CMS Updated Emergency Declaration Blanket Waivers for Healthcare Providers
The Centers for Medicare and Medicaid Services (“CMS”) has issued additional blanket waivers retroactive to March 1, 2020 through the end of the emergency declaration to help healthcare providers contain the spread of COVID-19. The updated waivers were released on April 29, 2020 and are an update from those issued on…
“Stay at Home” Order to Expire
On April 27, 2020, Governor Abbott issued Executive Order GA-18, implementing Phase I to reopen Texas, beginning May 1, 2020. In addition to confirming that “essential services” shall continue to operate as they have, GA-18 provides guidance on services that may reopen as of 12:01 a.m. on Friday.
“Reopened services” include:
- Retail services that may
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Railroad Commission Considers State-wide Production Cuts
On April 14, the Railroad Commission of Texas held a marathon virtual meeting to hear from nearly sixty of the state’s energy leaders including executives from some of the most prominent oil producers and midstream companies, industry analysts, consultants and academics. A reported 20,000 people tuned into the public meeting from across the globe to…
Force Majeure Clauses and Impossibility of Performance During COVID-19 and Coronavirus
Over the past few weeks and months, Texas, the United States, and the world have felt increasingly devastating impacts from COVID-19, commonly known as the coronavirus. In addition to the dire health concerns, practical realities and government orders in numerous states (including “stay at home” orders) have had and will continue to have an effect…