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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

What happens when the scotch is poured before the mediated settlement agreement is signed? Apparently, nothing good. Our story begins with Asyntria, a for-profit company that provides training and accreditation to pharmacy technicians.  Asyntria was founded and owned by Wendy Meigs, her then-husband, Jody Meigs, and Michael Johnston.  Management disputes arose between the three, and martial problems arose between Wendy and Jody. Wendy filed a petition for divorce against Jody. In her petition, Wendy asserted shareholder oppression claims against Jody and Michael, alleging the two had conspir

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