On March 3, 2022, the President signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“Act”). The new law amends the Federal Arbitration Act to prohibit the enforceability of mandatory, predispute arbitration agreements and class
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OSHA’s On-Again, Off-Again Vaccine and Testing Mandate for Large Employers is On-Again—Happy Holiday Employers!
Enforcement of the Biden Administration’s three vaccine mandates (i.e., government contractor, CMS and large employer mandates) had been stayed or partially stayed by various federal courts. The OSHA Emergency Temporary Standard (ETS) applicable to most employers having 100 or more…
Learning from the Mistakes of Others

Some of the best lessons are those learned not through our own mistakes; but rather by the mistakes of others. We get all the same knowledge without the pain associated with learning by our own mistakes. Fifteen years ago, Radio…
Answering 10 Questions About OSHA’s Emergency Vaccine and Testing Mandate for Large Employers
On November 4, 2021, OSHA issued its Emergency Temporary Standard (“ETS”) on mandatory COVID-19 vaccination and/or testing. The ETS requires that employers with more than 100 employees require most employees get vaccinated or undergo weekly COVID-19 testing and masking. OSHA’s…
Governor Abbott Issues Executive Order Prohibiting Vaccine Mandates
On October 12, 2021, Texas Governor Greg Abbott issued an Executive order prohibiting businesses and employers from requiring employees and consumers who object to getting a COVID-19 vaccine for reasons of personal conscience, religious belief or medical reasons (including prior…
Federal Vaccine Testing Mandate for Large Employers is not Workable
Last week President Biden announced that he was directing OSHA to develop and publish an emergency temporary standard requiring employers with 100 or more employees to require employees to get a COVID-19 vaccination or undergo weekly testing. According to the…
Biden Directs OSHA to Issue Emergency Standard Mandating Large Employers Require COVID-19 Vaccinations of Workforce or Weekly Testing

Yesterday, President Biden announced that he is directing the Occupational Health and Safety Administration (“OSHA”) to engage in emergency temporary rule making and issue a standard requiring employers with more than 100 employees to cause their employees to either be…
Employers Overcoming Reservations about Requiring COVID Vaccination as a Condition of Employment
Employers are overcoming their reluctance to require that employees become vaccinated against the COVD-19 virus as a condition of employment. Microsoft, Google, Tyson Foods and many health care providers have announced they will require their employees who work on-site to…
Texas Legislature Expands Scope of Liability for Claims of Sexual Harassment
Effective September 1, 2021, a pair of bills passed by the Texas Legislature will expand the scope of employer liability for claims of sexual harassment. The bill makes four important amendments to the Texas Commission on Human Rights Act (“Act”).…
Employers Considering Options to Increase Vaccination Rates of their Workforces
With increase in infections from Delta COVID variant among the unvaccinated and the anticipated return to in-office work, employers are considering options to increase the percentage of fully vaccinated employees in the workforce. These include mandatory vaccine requirements and incentive…