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On Friday, June 26, 2020, Governor Abbott issued Executive Order GA 28 (“GA 28”) relating to the targeted response to the COVID-19 disaster as part of the reopening of Texas, which supersedes GA 26. In relation to occupancy limits GA 28 generally states that every business establishment in Texas shall operate at no more thanRead more

Texas is one of the fastest growing states in the country, which has led to a dramatic increase in the number of new communities being developed. The progression of the COVID-19 pandemic, along with the resulting maze of CDC recommendations, local policies, and statewide orders, has left developers asking what they need to do theRead more

Are POAs “commercial entities providing goods and services to the public”? In a number of counties, the answer is yes. Beginning on June 17, 2020, several counties and cities adopted new emergency orders requiring “commercial entities providing goods or services to the public” to adopt a Health and Safety Plan. While the exact language variesRead more

On June 17, 2020, the U.S. Supreme Court ruled, in Bostock v. Clayton County, Georgia, that employers with at least 15 employees cannot discriminate against employees on the basis of sexual orientation, gender expression, or gender identity. The Ruling in Bostock Title VII of the Civil Rights Act of 1964 prohibits employers with 15 orRead more

Wednesday, June 3rd, Governor Abbott announced Phase 3 of his plan to open Texas. This announcement included a capacity expansion for office-based employers, which takes immediate effect. The new expansion states: Employers can open the office to the greater of 10 people or 50% of the total office workforce (previously the greater of 10 peopleRead more

COVID-19 has forced local and national governments across the world to adopt emergency actions to combat the growing pandemic. Government action in the United States is no different. Congress has passed emergency action on family leave and payroll protection loans. Local governments have instituted shelter-in-place or stay home orders, and the term “essential employee” hasRead more

By Marc Markel and Eric Tonsul We’ve all become used to the requirements of masks, social distancing and maintaining groups smaller than 10 during the COVID-19 pandemic. Unfortunately, these requirements do not work well for the business side of many of our associations. During COVID-19, we have been recommending associations postpone their board meetings andRead more