In an “update” that reads more like a teaser to a B Movie, the OMB on Friday advised that it will have more guidance on EO 14042 for us soon. What precipitated this official warning that more guidance would be forthcoming?...more
With apologies to Jaws II, just when you thought it was safe, the U.S. Court of Appeals for the 11th Circuit has released a shark back into the EO 14042 waters.
On Friday, August 26, the 11th Circuit published a 66-page...more
9/13/2022
/ Appeals ,
Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Injunctions ,
Likelihood of Success ,
Multidistrict Litigation ,
State and Local Government ,
Vaccinations
Just when you didn’t think things could get any weirder, on Friday, January 21, 2022, the U.S. District Court for the Southern District of Georgia issued a ruling clarifying its prior EO 14042 injunction (currently on appeal...more
1/26/2022
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
DFARS ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Georgia ,
Injunctions ,
Masks ,
OSHA ,
Social Distancing ,
Vaccinations
On January 13, 2022, the Supreme Court reinstated the nationwide injunction of the Occupational Safety and Health Administration’s (OSHA) COVID-19 Emergency Temporary Standard (ETS). (Technically, the Court overturned the...more
1/19/2022
/ Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Workers ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Federal contractors and subcontractors across the country were forced to rethink their COVID-safety efforts when, on December 7, the U.S. District Court for the Southern District of Georgia enjoined enforcement of Executive...more
12/9/2021
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Injunctions ,
Masks ,
Multidistrict Litigation ,
OSHA ,
Social Distancing ,
State and Local Government ,
Stays ,
Subcontractors ,
Vaccinations ,
Virus Testing
On September 9, 2021, the President issued Executive Order 14042, which applies new rules – including vaccination mandates – to Federal contractors and subcontractors. EO 14042 does not include a weekly testing option and is...more
11/17/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
OSHA ,
Subcontractors ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On September 9, 2021, President Biden signed an Executive Order (EO) to implement COVID safety protocols for Federal service contractors and subcontractors. While the EO did not outline specific rules, it did direct a Federal...more
10/8/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Covered Employer ,
Employees ,
Employer Mandates ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
General Services Administration (GSA) ,
OSHA ,
Vaccinations ,
Workplace Safety
On September 9, 2021, President Biden signed an Executive Order (EO) to implement COVID safety protocols for Federal service contractors. While the EO did not identify specific safety protocols, it did direct a Federal task...more
9/16/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Executive Orders ,
Federal Contractors ,
OSHA ,
Prime Contractor ,
Subcontractors ,
Vaccinations ,
Virus Testing ,
Workplace Safety
In 1657, mathematician Blaise Pascal commented in a letter to his church leaders “I have made this longer than usual because I did not have time to make it shorter.” More than 100 years later, another Frenchman, Napoleon...more
6/17/2020
/ Best Practices ,
Coronavirus/COVID-19 ,
Criminal Investigations ,
Crisis Management ,
False Claims Act (FCA) ,
Federal Contractors ,
Fraud ,
Health Care Providers ,
Human Resources Professionals ,
Internal Investigations ,
Policies and Procedures ,
Risk Assessment ,
Risk Management ,
Risk Mitigation ,
Shareholder Litigation
The coronavirus pandemic has proven to be the most significant business crisis in global history. What will it take for multinational companies to aptly respond to the crisis while managing potential future harm from the...more
6/4/2020
/ Audits ,
Coronavirus/COVID-19 ,
Crisis Management ,
Defense Production Act ,
Enforcement Actions ,
Federal Loans ,
Investigations ,
OIG ,
Paycheck Protection Program (PPP) ,
Relief Measures ,
Small Business Loans
All respirators approved by the National Institute of Occupational Safety and Health (“NIOSH”) now are “covered countermeasures” under the Public Readiness and Emergency Preparedness (“PREP”) Act provisions of the Public...more
As the Federal Government struggles to secure a sufficient volume of Personal Protective Equipment (“PPE”) – i.e., gloves, masks, gowns, face shields, etc. – for the nation’s health care workers and first responders, states...more
Last week, we (Ryan and Jonathan) published the COVID-19 Federal Contractor’s Survival Guide in the Coalition For Government Procurement’s Friday Flash. The Guide was very well received – perhaps because it didn’t once...more
COVID-19 (a.k.a. the Coronavirus) is upon us and it looks like it is here to stay, at least for the foreseeable future. In January, the Department of Health and Human Services declared the Coronavirus outbreak to constitute...more
On March 18, 2020, the President signed into law the Families First Coronavirus Response Act, H.R. 6201, Pub. L. No. 116-127 (the “Coronavirus Response Act”). Among other measures in response to the current pandemic, this...more
4/2/2020
/ Coronavirus/COVID-19 ,
Distributors ,
Families First Coronavirus Response Act (FFCRA) ,
Federal Contractors ,
Immunity ,
Manufacturers ,
Medical Devices ,
Personal Protective Equipment ,
Public Readiness and Emergency Preparedness Act (PREP Act) ,
State of Emergency ,
Wrongful Death
Like you, we’ve been thinking a lot about COVID-19 (aka the coronavirus) lately, and the mountain of misinformation that has followed in its wake. While we concede we have stopped shaking people’s hands (which likely turned...more