Fifth Circuit precedent recognizes the “general consensus among courts” that regular, in-person work is an essential function of most jobs. Yet the continued viability of this premise has been in question, given the ability...more
7/12/2023
/ Americans with Disabilities Act (ADA) ,
Appellate Courts ,
Commute Time ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Essential Functions ,
Genuine Issue of Material Fact ,
Reasonable Accommodation ,
Remote Working ,
Reversal ,
Split of Authority ,
Summary Judgment ,
Telecommuting ,
USPS
The U.S. secretary of health and human services declared a public health emergency (PHE) due to COVID-19 on January 31, 2020, and since that time, employers have faced a barrage of accommodation requests, largely in the form...more
The COVID-19 pandemic forced countless businesses to transition their employees to remote work, and through this process, many learned that remote work can offer multiple advantages, including increased employee productivity...more
On August 26, 2022, Chief U.S. District Judge Matthew Brann for the United States District Court for the Middle District of Pennsylvania dismissed a putative class action representing approximately 100 healthcare...more
9/2/2022
/ Coronavirus/COVID-19 ,
Dismissal With Prejudice ,
Dismissals ,
Employment Litigation ,
Employment Policies ,
Healthcare Workers ,
Putative Class Actions ,
Religious Accommodation ,
Religious Discrimination ,
Vaccinations ,
Virus Testing ,
Workplace Safety
In the first ruling from a federal appellate court examining COVID-19–related layoffs and the Worker Adjustment and Retraining Notification (WARN) Act, the Fifth Circuit Court of Appeals held in Easom v. US Well Services,...more
On October 11, 2021, Governor Greg Abbott issued Executive Order (EO) No. GA-40, prohibiting any entity in Texas from requiring any individual, including an employee, to receive a COVID-19 vaccination if that individual...more
On June 7, 2021, Texas Governor Greg Abbott signed into law legislation that prohibits government entities from requiring individuals to provide evidence of COVID-19 vaccination status and strongly discourages private...more
On March 2, 2021, Texas Governor Greg Abbott issued Executive Order No. 34 (GA-34), rescinding most of his earlier executive orders related to COVID-19, including the statewide mask mandate and business occupancy...more
3/5/2021
/ Coronavirus/COVID-19 ,
Employer Responsibilities ,
Executive Orders ,
General Duty Clause ,
Governor Abbott ,
Health and Safety ,
Infectious Diseases ,
Masks ,
OSH Act ,
Public Gatherings ,
Public Health ,
Social Distancing
On October 6, 2020, the U.S. Centers for Disease Control and Prevention (CDC) once again revised its list of individuals whose risk factors make them more likely to develop severe illness from COVID-19.
First, the CDC...more
On June 25, 2020, the U.S. Centers for Disease Control and Prevention (CDC) expanded its list of risk factors of individuals more likely to develop severe illness or die from COVID-19. Previously, the CDC had identified those...more
On June 26, 2020, Texas Governor Greg Abbott issued Executive Order No. GA-28, immediately scaling back the reopening of Texas due to substantial increases in the number of people testing positive for COVID-19 and the number...more
As Texas has gradually reopened, the number of COVID-19 cases and associated hospitalizations has dramatically increased. In response to local conditions, Bexar County Judge Nelson Wolff recently issued Executive Order NW-10,...more
On June 17, 2020, Bexar County Judge Nelson Wolff issued Executive Order NW-10, requiring all businesses operating in the county, which includes San Antonio, to implement a health and safety policy to include the mandated use...more
On June 3, 2020, Texas Governor Greg Abbott issued Executive Order GA-26, representing the third phase for reopening Texas, and allowing virtually all businesses to resume operations subject to continued occupancy...more
On May 26, 2020, Governor Greg Abbott issued a proclamation expanding the list of “Covered Services” permitted to reopen in Texas. The proclamation is consistent with Executive Order GA-23, which “continu[es] through June 3,...more
On May 18, 2020, Governor Greg Abbott issued Executive Order GA-23 as part of his three-phase plan to reopen the economy in Texas. The three-phase plan is outlined in a report entitled “Texans Helping Texans: The Governor’s...more
On April 30, 2020, the Texas Workforce Commission (TWC) issued guidance identifying the circumstances in which an employee may remain eligible for the receipt of unemployment benefits despite the employee’s refusal of an...more
Texas has joined the growing number of states that have begun to reopen businesses following weeks of closure due to the COVID-19 pandemic. Governor Greg Abbott rolled out a three-phase plan to reopen the economy in...more
As Texas begins to reopen, some employers are recalling employees placed on temporary leaves of absence or furloughs due to the COVID-19 pandemic. Invariably, a number of employees will ignore recall attempts or refuse offers...more