In conjunction with the Biden administration’s declaration that the COVID-19 national public health emergency ended effective May 11, 2023, the Centers for Medicare and Medicaid Services (CMS) announced it would “soon end”...more
6/7/2023
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Health and Safety ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Infectious Diseases ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
On November 4, 2021, the Biden administration and the Centers for Medicare and Medicaid Services (CMS) at the Department of Health and Human Services (HHS) issued an interim final rule which required certain workers at...more
5/11/2023
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare ,
Healthcare Workers ,
Infectious Diseases ,
Vaccinations ,
Workplace Safety
While the issue of whether private employers can legally enforce vaccine mandates among their workforce continues to be challenged across the country, a split panel in the Fifth Circuit is the first appellate court to signal...more
2/18/2022
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Health and Safety ,
Infectious Diseases ,
Labor Law Violations ,
Motion To Enjoin ,
Preliminary Injunctions ,
Reasonable Accommodation ,
Religious Accommodation ,
Reversal ,
Statutory Violations ,
Title VII ,
United Airlines ,
Vaccinations ,
Workplace Safety
On November 29 and 30, 2021, two separate federal district courts—the Western District of Louisiana and Eastern District of Missouri—issued injunctions blocking enforcement of the Centers for Medicare and Medicaid Services...more
12/3/2021
/ Arbitrary and Capricious ,
Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Healthcare Facilities ,
Healthcare Workers ,
Infectious Diseases ,
Irreparable Harm ,
Preliminary Injunctions ,
Vaccinations ,
Workplace Safety
On November 4, 2021, the Biden administration and the Centers for Medicare and Medicaid Services (CMS) at the Department of Health and Human Services (HHS) issued an interim final rule requiring healthcare worker...more
11/5/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Essential Workers ,
Executive Orders ,
Health and Safety ,
Healthcare Facilities ,
Healthcare Workers ,
Infectious Diseases ,
OSHA ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On October 11, 2021, Texas Governor Greg Abbott issued Executive Order GA-40, which states that no entity in Texas can “compel” any individual, including any employee or consumer, to receive a COVID-19 vaccination who objects...more
10/13/2021
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Employer Mandates ,
Executive Orders ,
Governor Abbott ,
Infectious Diseases ,
Labor Regulations ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
Originally published August 12, 2021, updated August 16, 2021.
UPDATE: On August 15, 2021, the Texas Supreme Court issued an Order temporarily staying the Dallas County order described...more
8/17/2021
/ Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Executive Orders ,
Health and Safety ,
Infectious Diseases ,
Masks ,
Personal Protective Equipment ,
Public Health Emergency ,
TX Supreme Court ,
Workplace Safety
In an apparent rebuttal to Governor Abbott’s July 29, 2021, Executive Order (GA-38), which was aimed at creating uniformity in the response to COVID-19 throughout the State of Texas and which prohibited local authorities from...more
8/13/2021
/ Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Responsibilities ,
Health and Safety ,
Infectious Diseases ,
Masks ,
Personal Protective Equipment ,
Public Health Emergency ,
Workplace Safety
On March 2, 2021, Texas Governor Gregg Abbott issued Executive Order GA-34 regarding the reopening of Texas businesses amid the COVID-19 crisis....more
On June 26, 2020, Governor Greg Abbott issued Executive Order GA-28, restricting certain businesses and services in an effort to contain the spread of COVID-19. This order was issued because of the substantial increases in...more
Between June 17 and June 19, 2020, four counties in Texas issued orders mandating that businesses develop and implement a “Health and Safety Policy” that requires all employees or visitors to wear face coverings in areas or...more
On June 3, 2020, Texas Governor Greg Abbott announced the state may begin the final phase of its three-phase reopening plan. In conjunction with phase 3, the governor issued Executive Order GA-26 (GA-26), which supersedes his...more
6/11/2020
/ Amusement Parks ,
Child Care ,
Churches ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Healthcare Facilities ,
Homeland Security Cybersecurity & Infrastructure Security Agency (CISA) ,
Non-Essential Businesses ,
Popular ,
Re-Opening Guidelines ,
Return-to-Work Agreements ,
State and Local Government ,
Workplace Safety
Last month, Texas Governor Greg Abbott issued Executive Order GA-18 (GA-18) regarding the reopening of Texas businesses during the COVID-19 crisis. GA-18 was part of the Governor’s 3-phase plan for reopening the state and was...more
On April 27, 2020, Texas Governor Greg Abbott issued Executive Order GA-18 (GA-18) regarding the reopening of Texas businesses during the COVID-19 crisis. GA-18 permitted Essential Services to continue operations, and...more
On April 27, 2020, Texas Governor Greg Abbott issued Executive Order GA-18 (Order) regarding the reopening of Texas businesses during the COVID-19 crisis. ...more
Public discourse on “healthcare” has focused primarily on health insurance and the significant changes made by the Affordable Care Act. But what about the providers of healthcare—the doctors, nurses, hospitals, pharmaceutical...more
7/12/2019
/ #MeToo ,
Antitrust Provisions ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
False Claims Act (FCA) ,
Healthcare Workers ,
Hiring & Firing ,
Home Health Care ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
Over-Time ,
Rest and Meal Break ,
Section 7 ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Unions ,
Wage and Hour ,
WARN Act ,
Whistleblowers ,
White-Collar Exemptions ,
Workplace Safety
Public discourse on "healthcare" has focused primarily on health insurance and the significant changes made by the Affordable Care Act. But what about the providers of healthcare—the doctors, nurses, hospitals, pharmaceutical...more
4/12/2016
/ Antitrust Provisions ,
Ban the Box ,
Corporate Restructuring ,
Discrimination ,
False Claims Act (FCA) ,
Federal Contractors ,
Harassment ,
Health Care Providers ,
Hiring & Firing ,
NLRA ,
NLRB ,
OFCCP ,
OSHA ,
Unions ,
Wage and Hour ,
WARN Act ,
Whistleblowers ,
Workplace Safety