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Stephanie Gaston’s practice is focused on resolving labor and employment matters for private employers, public entities and nonprofits. She also represents school districts, and governmental entities. Stephanie regularly defends companies facing discrimination, harassment, retaliation, class actions, and other claims under federal, state, and local laws, including the Fair Labor Standards Act, Title VII, ADA, FMLA, USERRA, and the Texas Commission on Human Rights Act.

This week, the EEOC issued new guidance regarding pandemic-related caregiver discrimination. The EEOC assumes (probably rightly) that caregiving obligations are more likely to fall on women so discrimination against caregivers often looks like sex discrimination. While the updated guidance is specific to COVID-19, is it packed full of good practices to follow regardless of the

Happy Thanksgiving and the Many Things for Which We Are Thankful – 2021 EditionMany of us are understandably anxious to put another tumultuous year of the pandemic behind us. But before we sit down at the table to fill our plates and bellies to overflowing to celebrate the holiday, we can all find some bright, shining blessings in what has otherwise been another difficult year. We are grateful

It’s Finally Here: OSHA Reveals COVID-19 Vaccine Rule for Private SectorThe OSHA Emergency Temporary Standard is hot off the presses — now what? Undoubtedly, there will be lots and lots of discussion and legal challenges over the next several days. Although this is not an in-depth analysis, here are the nuts and bolts:

In general, the ETS:

  • Applies to employers with 100 or more employees

Yes, We’re Still Talking About COVID-19: OSHA Updates Guidance for WorkplacesRecently OSHA updated its guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace for employers who are not covered by the “COVID-19 Emergency Temporary Standard for Healthcare.” As we explained before, the ETS applied to healthcare services and healthcare support services. OSHA’s update reflects the CDC’s newest mask and testing recommendations

Helpful Guidance Comes to Those Who Wait: OSHA Issues Long-Awaited COVID-19 Safety RuleAfter the CDC updated its mask guidance, we have all be wondering: Can we eliminate our mask and social distancing requirements for vaccinated employees? Can we ask employees if they have been vaccinated? Can we hold meetings and social gatherings in person again? While we gave you options and best practices in a recent

What to Do Before OSHA Comes Knocking with a COVID-19 Inspection Earlier this year, OSHA issued Guidance on Preparing Workplaces for COVID-19, an educational reference designed to advise employers in all industries on implementing engineering, administrative, and work practice controls and personal protective equipment (PPE). The guidance is purely advisory and does not create new legal obligations. Nevertheless, now that OSHA is turning its attention

Happy Thanksgiving! 7 Things for Which We Are Thankful – 2020 EditionMany of us are understandably anxious to put the year 2020 behind us and move onward and upward! But before we all sit down at the table and fill our plates and bellies to overflowing as we start the holiday season, we can all find some bright shining blessings in what has otherwise been a

Mandate to Vaccinate? Employers and Required Flu ShotsThis year has presented many challenges, including a global health pandemic, wildfires, hurricanes, and social justice unrest, and yet we now face a fast approaching influenza season that is sure to bring on more coughs, sneezes and hiccups. In light of the ongoing health crisis and resulting disruption caused by the COVID-19 pandemic, employers may

Political Speech, Conduct & Activity in the Workplace Amid A Social Justice MovementTraditionally, it has been taboo to discuss religion, politics, or divisive matters of public concern in the workplace. Most employers want the worksite to be about work and want to avoid controversial and potentially offensive discourse. However, in the current political climate, amid a global health pandemic, and the movement for social justice gaining unprecedented