Dallas Austin

With an unemployment rate now below 8% and Tesla announcing the construction of a billion-dollar assembly facility in Austin, the City of Austin is climbing its way out of the deep trough left by the novel coronavirus.  Depending on your view of Austin politics (that topic alone would consume thousands of pages), to ensure that the trend lines continue in the right direction or to make the business climate in the City even more unfriendly, the City along with Travis County have recently extended the face covering requirements and gathering-size limitations until December 15, 2020. 1.     T

Can an employer require an employee to produce a negative COVID-19 test result as a condition to allowing the employee to return to work?  When do requirements enacted out of concern about the safety of your workplace violate federal law?  To unpeel this onion, we must first look at the Americans with Disabilities Act (“ADA”).  Adding this to understanding the state and local orders regarding face masks and social distancing will surely bring tears to your eyes. 1.     Americans with Disabilities Act Under the ADA, an employer may, in general, not require tests that would disclose me

Is the answer to all your COVID-19 troubles to sue China for damages?  If so, you may be in luck.  You may also have to stand in line behind several plaintiffs who have already initiated lawsuits against China. 1.     Another Brick in the Wall In April 2020, lawsuits were filed in California, Nevada, and Missouri against the People’s Republic of China and other Chinese governmental and quasi-governmental entities related to COVID-19. The lawsuits filed in California and Nevada are both proposed class action lawsuits while the lawsuit in Missouri was filed by the State of Missouri. The p

Many employers across the U.S. continue to face legal concerns as they navigate reopening and maintaining their businesses during the COVID-19 pandemic. As of the start of August, more than 4,000 lawsuits relating to COVID-19 have been filed in federal and state courts. The most frequent claims in these suits are employment discrimination, work-from-home/leave issues, retaliation, unsafe working conditions/lack of PPE, and wage and hour claims. Class action lawsuits against employers are also rising since the pandemic began and most commonly involve unsafe working conditions and wage and hour

Feeling a little dazed and confused about the latest stimulus plans?  You are not alone.  As court challenges about the constitutionality of the President’s latest executive orders are threatened and Congress continues to try to reach a deal on the next stimulus package, you might find yourself asking, rather than exclaiming, “alright, alright, alright?” So, where exactly are we?  On Saturday, the President issued four executive orders intended to bypass the Congressional deadlock over the next stimulus bill.  The two competing bills in Congress, the House’s HEROS act and the Senat

On Monday, July 27, 2020, United States Senator John Cornyn of Texas introduced the Safe to Work Act, a companion to the concurrently introduced $1 trillion COVID-19 stimulus bill.  The Safe to Work Act would create uniform standards across all states for plaintiffs to sue businesses for damages related to alleged or actual coronavirus injuries.  While the Act is certain to be revised as it winds through the House of Representatives, several states, including Oklahoma, have already passed laws limiting businesses liability for coronavirus claims.  The Texas Legislature, not scheduled to res

Immunity comes in many flavors.  Immunity from liability or suit is one kind, immunity from viral infections an altogether different variety.  The resumption of in-person classes for K-12 school children without an effective and widely distributed vaccine and without widespread community immunity to the virus has stoked concerns among parents, children, and educators alike.  In Florida, the teachers have taken to court to prevent a state-wide order from taking effect that would require resumption of in-person instruction. In July 2020, Florida Governor Ron DeSantis and his administration or