Return to Work

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Executive Order GA-40

Governor Abbott’s Executive Order

On October 11, 2021, Texas Governor Greg Abbott issued Executive Order GA-40 (the Texas Order) banning COVID-19 vaccine mandates by any entity, including private employers, in Texas. Because the Texas Order was issued while Texas remains in a state of emergency related to the pandemic, the Texas Disaster Act grants it the force and effect of law. The Texas Order states that “no entity in Texas” can compel vaccination for anyone in the state who objects “for any reason of personal conscience, based on a religious belief, or for medical reasons, including prior recovery from COVID-19.” “Personal conscience” is undefined, and this ambiguity in the Texas Order makes it unclear whether an individual can object to the COVID-19 vaccine due to reasons other than religion or those medically related.

Not So Common Employment Questions

As of April 27, 2021, 29.1% of the U.S. population has been fully vaccinated for COVID-19. With COVID-19 vaccine eligibility expanding to the general public, and states and cities relaxing COVID-19 restrictions, employers face the new challenge of navigating a partially vaccinated workforce. We previously addressed questions related to return-to-work and vaccination issues for employers here. Below are some additional, and recent, questions we’ve received from clients related to this topic.

Not So Common Employment Questions

As vaccine distribution becomes widespread, and employees begin to return to work, we continue to field questions related to return-to-office plans in a post pandemic world. We previously compiled a list of FAQs, addressing COVID-19 safety protocols (here, here and here) that should be considered as the workplace opens for business. Below are some additional, and recent, considerations related to this topic.