Dallas Austin

With the impending issuance of regulations from the Department of Labor mandating employees of large employers and all federal contractors receive one of the approved COVID-19 vaccines, one particularly thorny question is how to determine whether an employee is subject to a religious exemption to the mandate. Must the liturgy of the employee’s religion expressly disavow all vaccines or will an individual’s idiosyncratic religious beliefs suffice?  And, who makes the decision whether the employee’s religion is an “accepted” one?  The recently filed case by a professor and student at

On September 9, 2021, President Biden ramped up COVID-related safety protocol in two areas by requesting that: 1.   The Safer Federal Workforce Task Force (“Task Force”) prepare increased safety protocols for federal contractors which should include mandatory vaccinations; and 2.   The Department of Labor issue temporary rules that will require employers of 100 or more employees to require vaccinations. The Task Force was created in July 2021 to provide oversight to the development and implementation of COVID-19 workplace safety plans across the federal government.  In the brief time si

In July, President Biden issued Executive Order 13991, creating the Safer Federal Workforce Task Force to oversee the development and implementation of agency COVID-19 workplace safety plans across the federal government. The Task Force has created protocol for federal employees, contractors and visitors working inside federal buildings or on federal lands or controlled areas that seemingly implicate construction contractors and subcontractors. After the Food and Drug Administration (FDA) gave full approval of the Pfizer COVID-19 vaccine, President Biden’s administration took additional step

While COVID-19 and its variants continue to sweep across the state, causing hospital bed shortages and debates about personal freedom, Texas courts find themselves in the middle of a legal battle regarding the executive power of local governments versus the executive power of Governor Greg Abbot. On July 29, 2021, Governor Abbott issued Executive Order GA-38 pursuant to his powers under the Texas Disaster Act, which gives him broad powers to “issue executive orders having the force and effect of law” in disaster situations, such as COVID-19 has been declared. GA-38 was a sweeping proclamat

On August 13, 2021, the Occupational Safety and Health Administration (OSHA) updated its guidance to employers in the ongoing effort to protect workers from the coronavirus. The update, available here, was based upon recent data from the Center for Disease Control and Prevention (CDC) relating to the virus including addressing the more virulent Delta variant.  The CDC’s recommendations include: Fully vaccinated people wear a mask in public indoor settings in areas of substantial or high transmission. Fully vaccinated people might choose to wear a mask regardless of the level of transmissio