M2D Partner Mike Muskat Featured in Law360 Article on Texas Governor Greg Abbott’s Vaccine Mandate Executive Order

Muskat, Mahony & Devine partner Mike Muskat has been featured in Law360 discussing Texas Governor Greg Abbott’s executive order on COVID-19 vaccine mandates. The article, “Employers Advised To Heed Texas Vax Mandate Ban, For Now” (subscription required) discusses what the new executive order means for Texas businesses that currently have or are planning to implement a COVID-19 vaccine mandate.

The executive order, which was issued October 11, prohibits Texas employers from requiring employees to be vaccinated for “any reason of personal conscience, based on a religious belief, or for medical reasons, including prior recovery from COVID-19.”

The order poses potential issues, including:

  • Federal contractors in Texas are subject to the Biden administration’s requirement that all federal contractors be fully vaccinated by December 8.
  • Abbott’s executive order introduces a third potential exemption category – personal conscience – which has not been defined.

“Many of my clients are hoping that in the next few weeks there are either court orders that assist them in figuring out what to do or there is some guidance or clarity offered either by the governor’s office or by the federal government,” Mr. Muskat told Law360.

The Occupational Safety and Health Administration (OSHA) is working on formal regulations regarding vaccine mandates, which attorneys believe will preempt Abbott’s executive order. Many also believe the executive order will be challenged in court.

Mr. Muskat and the entire Muskat, Mahony & Devine team have been following changes in the law. For more information or to contact Mr. Muskat, click here.