Ninoshka Matias tested positive for the coronavirus. She asked her employer for leave from work under the Families First Coronavirus Response Act (FFCRA). Plaintiff Matias told her employer about her positive test. That same day, her employer fired her. The employer said Matias was not a “good fit.” Matias sued for discrimination under the ADA.

Every school boy and school girl knows the preamble to the U.S. Constotution:

“We the People of the United States … and secure the Blessings of Liberty to Ourselves and our Posterity”

On that phrase, Henning Jacobson largely based his challenge to the smallpox vaccination in 1904. The state of Massachussetts imposed a smallpox vaccine

Now that the FDA has given final approval to the Pfizer vaccine, many employers have started requiring employees to get the covid vaccine. Can employers require employees to get a coronavirus vaccine? It is very likely that they can. We start with the general OSHA requirement of all employers to maintain a safe workplace. Every


On June 12, Judge Hughes dismissed the lawsuit filed by 178 employees of the Houston Methodist hospital. I wrote about that dismissal here. Those employees have already submitted their notice of appeal.

Now, more than 150 employees of that same hospital have quit or been fired, because they refused to take the vaccine. See CBS

The Houston Methodist Hospital required all of its employees to get a vaccine against the COVID19 virus. Some 178 employees sued. They argued, among other things, that requiring employees to accept a vaccine not fully approved by the FDA amounted to Nazi science experiments in a concentration camp. Note to future advocates: avoid over-the top

Zoom hearings have become common place. Those court hearings also see appearances by lay persons. As with any busy court house pre-pandemic, some lay persons do not appreciate the serious ness of the courtroom. One recent non-lawyer appeared at a district court hearing in Centreville, Michigan. His screen name was “buttf—er 3000.” The judge was


In a new decision on the issue, a federal judge in Chicago has ruled that reduced seating does amount to an “interruption” in business for purposes of insurance coverage. The insurance carrier, Society Insurance, had submitted a motion to dismiss the lawsuit. Judge Edmond Chang said capacity limits can constitute “direct physical loss” for “business

One would think that with a pandemic crashing into our society, OSHA would lead the way in protecting U.S workers. But, no. The Occupational Safety Health Administration is taking a few steps backward. Senior OSHA staff had a six page memo prepared and ready to issue in the Spring of 2020, that would institute protections

Teachers are more and more being asked to bear the brunt of the battle with COVID19. As I mentioned in a prior post, Gov. Abbott has ordered that school districts provide in-person instruction to any student desiring it. See my prior post here.

Yet, neither the state or federal governments have offered the districts

The Trump administration issued an Executive Order that changes the classification of top civil servants and makes it easier to fire them. The order targets those in policy-making positions. Experts indicate the move would affect anywhere from tens of thousands to hundreds of thousands in a workforce of some 2.1 million. The move would affect