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On December 27, 2020, President Trump signed the into law the “Economic Aid to Hard-Hit Small Businesses, Nonprofits and Venues Act.” It is better (and easier) known as the Payment Protection Plan Part 2, of simply PPP2.  The legislation was included as part of a massive 5593-page federal budget. The PPP2 opens the door for additional assistance to small businesses struggling during the COVID-19 pandemic by appropriating more than $284 million for small business loans. The loans are available through March 31, 2021 or until the funds are exhausted. Loans made under the PPP2 will be availa

The first trucks carrying a vaccine to COVID-19 left Pfizer in mid-December 2020. As the government calls it, “Operation Warp Speed” has begun. A vaccination for COVID-19 is being distributing all over the country and in the coming weeks will be available for use by the average American worker. Given the significant impact that COVID-19 has had on workplaces, employers may consider imposing mandatory COVID-19 vaccination programs depending on their respective industries, work environments, and cultures. If the employer does not impose mandatory COVID-19 vaccination of its employees, then i

With COVID-19 vaccines seemingly on the horizon, employers may be tempted to require all employees to get vaccinated with an FDA-approved serum to maintain a safe workplace for all employees.  Before implementing such a requirement, however, employers should consider and balance several important factors. Consideration No. 1: Can an employer require employees to obtain a COVID-19 vaccine a condition to returning to work? The answer in Texas is Yes and No. Texas is an at-will employment state, allowing employers to establish conditions of employment. Employers can set health and safety conditi

When an employee chooses to defer payroll tax pursuant to President Trump’s recent order, who is responsible for making certain that the tax is actually paid at the end of the deferral period? In the ever-changing world of COVID-19-related guidance documents and regulations, the Department of the Treasury recently clarified that employers bear that burden. Effective September 1, 2020, employees who make less than $4,000 per biweekly pay period may opt to defer payment of their portion of Social Security withholding taxes through the end of 2020.  Those deferred taxes must be paid by April 3

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