Dallas Austin

Between November 30, 2021 and December 22, 2021, four federal courts enjoined President Biden’s order that would have required federal contractors to have all their employees vaccinated against COVID-19.  One of the injunctions, issued by a Georgia federal court, applies to all 50 states, including Texas.  While further appeals are likely, for the time being, the vaccination requirement is not enforceable. The Seminal Questions The federal courts that have addressed the vaccine mandate have grappled with three very thorny questions: Did President Biden have the authority to issue the ma

Separate and aside from the legal travails of the vaccine mandate for federal contractors, the vaccine mandate for employers with 100 or more employees has been subject to numerous legal challenges, too.  For the time being, the vaccine mandate is in effect, though the US Supreme Court is scheduled to hear arguments later this month on its enforceability and constitutionality. At President Biden’s request, in November 2021, the Department of Labor’s Occupational Safety and Health Administration (OSHA) issued Emergency Temporary Standards (ETS), requiring employers with 100 or more employe

Widespread scrutiny of the Paycheck Protection Program (PPP) has prompted a flood of PPP loan fraud investigations by the US Department of Justice (DOJ) in coordination with a number of other federal investigative agencies, such as the IRS and FBI. At the same time, the U.S. Small Business Administration (SBA) has announced that borrowers who received $2 million or more in PPP funds will automatically be subject to an audit, as will some borrowers who received smaller loans, as part of an ongoing effort to identify any potential abuses of the federal loan program. If you are a small business o

On November 15, 2021, President Joe Biden signed into law the infrastructure Investment and Jobs Act. The Act will provide approximately $1.2 trillion of funding for infrastructure projects across the country with the goal of modernizing the country’s outdated transportation, utilities, and broadband systems. The funding is expected to be disbursed over a five-year period, with the majority after 2022. The Act allocates the following amounts for infrastructure projects, with infrastructure defined loosely to capture more than the typical road and bridge projects. Roads, bridges, major pro

On November 5, 2021, the Department of Labor’s Occupational Safety and Health Administration (OSHA) issued Emergency Temporary Standards (ETS) mandating that employers with 100 or more employees ensure each of their workers is fully vaccinated or tests for COVID-19 on at least a weekly basis (every 7 days). The ETS requires compliance by January 4, 2022 with important disclosures required in early December 2021.  Notably, the United States Court of Appeals for the Fifth Circuit issued an order over the weekend staying the ETS until further briefing is submitted and arguments heard. The ETS