The Highlights:

• The sign notifying employees and customers of the specific COVID-19 precautions in place for a particular business (Exhibit A) should be placed at every entrance.
• The sign notifying employees and customers of the local health recommendations regarding wearing masks and getting vaccinated during stages 3-5 (Exhibit B) should be placed in a conspicuous location where employees and customers can see it.
• The ordinance does not require or prohibit a business from taking any of the protective measures. It does not require a business to enforce any of the protective measures they adopt.
• There is a penalty of $1000 per violation for failure to comply with posting the signs, but when asked, the Mayor emphasized that compliance, not enforcement is the goal of the ordinance.

Reminders and related developments:

• Businesses should be reminded that state law prohibits Texas business from requiring so-called “vaccine passports” which would require a customer to provide proof of vaccination in order to receive service. This option is not listed in the new sign order.
• Last Thursday, the U.S. Supreme Court overturned the Federal vaccine-or-test requirement for businesses with over 100 employees. The Supreme Court upheld the vaccine mandate issued by the Centers for Medicaid & Medicare Services for healthcare employees. The Federal vaccine mandate for federal contractors is currently on hold.
• The federal government is offering to mail four, free, at-home COVID tests to each residence that requests one. Beginning this week, tests can be requested here: https://www.covidtests.gov/

If you have questions, we are here to assist you as best we can but we cannot offer legal advice. If you have specific questions, you should also consult with your legal counsel or we will do our best to connect you with someone who can help.

Special thank to Mario Barrera and James Hughes with Norton Rose Fulbright for providing recent committee updates on evolving matters related to COVID-19 vaccines, employees, and business.