On May 1, the Safer Federal Workforce Task Force (SFWTF) issued an update that the Biden administration plans to end COVID-19 vaccination mandates established under Executive Orders (EO) 14042 on Ensuring Adequate COVID...more
On April 19, the U.S. Court of Appeals for the Ninth Circuit reversed a permanent injunction that had enjoined President Biden’s “Contractor Vaccine Mandate,” taking an expansive view of presidential authority under the...more
As we have discussed at length on this blog, for more than a year federal courts have repeatedly held that, for various reasons, President Biden lacked the authority to mandate by executive order that government contractors...more
Unbelievably, after the 11th Circuit narrowed the nationwide injunction issued by the Southern District of Georgia on August 30, which took effect when the court issued its mandate on October 18, the government began...more
After we published a post about the Eleventh Circuit’s decision to narrow the scope of the nationwide preliminary injunction of the government contractor vaccine mandate, the government announced that, for the time being, it...more
On Friday, August 26, the Eleventh Circuit published the long-awaited decision in the government’s appeal of a nationwide injunction halting the COVID-19 vaccine mandate for government contractors and subcontractors. Although...more
After we published our article last week about the status of the four federal vaccine mandates, we learned that a seventh district court had enjoined the federal contractor COVID-19 vaccine mandate, continuing a remarkable...more
2/1/2022
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Employees ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Injunctions ,
Multidistrict Litigation ,
Popular ,
Vaccinations ,
Virus Testing
The vaccine mandates President Biden announced on September 9 have not aged well. Two are enjoined nationwide and a skeptical Supreme Court so undermined one that the government withdrew it, at least for the immediate future....more
1/31/2022
/ Biden Administration ,
Centers for Disease Control and Prevention (CDC) ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Injunctions ,
Multidistrict Litigation ,
OSHA ,
State and Local Government ,
Stays ,
Vaccinations ,
Virus Testing
In the past few days, there have been multiple developments in the legal challenges to the various vaccine mandates, one in favor of a mandate, one against. In addition, the first vaccine mandate challenge has now reached the...more
12/22/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Compliance ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Injunctions ,
Multidistrict Litigation ,
OSHA ,
State and Local Government ,
Stays ,
Time Extensions ,
Vaccinations ,
Virus Testing
On December 6, we noted on this blog post that because the injunction issued by the District Court for the Eastern District of Kentucky on November 30 prohibiting the government from enforcing the government contractor...more
12/8/2021
/ Appeals ,
Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Federal Property and Administrative Services Act (FPASA) ,
Injunctions ,
Multidistrict Litigation ,
OSHA ,
State and Local Government ,
Statutory Authority ,
Stays ,
Vaccinations
As we previously reported, on November 30, the District Court for the Eastern District of Kentucky (ED of KY) enjoined the government “from enforcing the vaccine mandate for federal contractors and subcontractors in all...more
12/7/2021
/ Appeals ,
Biden Administration ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Multidistrict Litigation ,
Preliminary Injunctions ,
State and Local Government ,
Stays ,
Subcontractors ,
Vaccinations
On November 30, the District Court for the Eastern District of Kentucky enjoined the government contractor vaccine mandate issued in accordance with President Biden’s Executive Order 14042. This injunction follows an...more
12/1/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Federal Contractors ,
Health and Safety ,
Injunctions ,
Likelihood of Success ,
Multidistrict Litigation ,
Non-Delegation Doctrine ,
OSHA ,
State and Local Government ,
Tenth Amendment ,
Vaccinations
Likely in response to the flurry of litigation challenging the government contractor vaccine mandate, on November 16 the Office of Management and Budget (OMB) published a new notice of determination and request for comments...more
11/18/2021
/ Biden Administration ,
Compliance ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Multidistrict Litigation ,
OMB ,
OSHA ,
Stays ,
Subcontractors ,
Vaccinations ,
Virus Testing ,
Workplace Safety
As expected, late on November 10 the Safer Federal Workforce Task Force revised its government contractor vaccine mandate Guidance to extend the deadline for covered contractor employees to get vaccinated. This revision...more
11/11/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Covered Employees ,
Deadlines ,
Employer Mandates ,
Federal Contractors ,
Federal Employees ,
New Guidance ,
OSHA ,
Preliminary Injunctions ,
State and Local Government ,
Stays ,
Vaccinations
The five cases challenging the contractor vaccine mandate filed in various district courts by 22 states, which we discussed on this blog last week, continue to develop. Motions for preliminary injunctions have now been filed...more
11/11/2021
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Employer Mandates ,
Federal Contractors ,
Injunctions ,
Multidistrict Litigation ,
OSHA ,
State and Local Government ,
Stays ,
Vaccinations
In welcome news for government contractors, the government contractor vaccine mandate continues to soften. In a statement issued by the White House this morning, the deadline for complying with the mandate will be extended...more
11/4/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Deadlines ,
Employees ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Healthcare Workers ,
OSHA ,
Subcontractors ,
Time Extensions ,
Vaccinations
At the end of October 2021, four complaints were filed by almost 20 states challenging the government contractor vaccine mandate. While some have suggested that these states, led by Republican governors, filed the suits for...more
11/4/2021
/ Biden Administration ,
Complaint Procedures ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Declaratory Relief ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Healthcare Workers ,
Injunctive Relief ,
Regulatory Mandates ,
Standing ,
State and Local Government ,
State Legislatures ,
Subcontractors ,
Vaccinations
The Safer Federal Workplace Task Force (Task Force) recently issued additional Q&A’s that seemingly take a softer approach to compliance with the contractor vaccine mandate, indicating contracting officers are to “work with,”...more
As contractors and agencies scramble to comply with the government contractor vaccine mandate, there seems to be growing confusion over whether contractors or federal agencies are responsible for evaluating whether contractor...more
10/26/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
DFARS ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Executive Orders ,
Exemptions ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Joint Employers ,
Reasonable Accommodation ,
Religious Exemption ,
Subcontractors ,
Vaccinations
Well, that was quick. In four memos dated September 30 and October 1, contractors learned the terms of the contract provisions implementing the COVID-19 vaccine and masking requirements mandated by President Biden’s...more
10/6/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Deadlines ,
Department of Defense (DOD) ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Executive Orders ,
Exempt-Employees ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
General Services Administration (GSA) ,
Masks ,
Regulatory Requirements ,
Social Distancing ,
Vaccinations ,
Workplace Safety
On September 24, following President Biden’s September 9 Executive Order, Ensuring Adequate COVID Safety Protocols for Federal Contractors, the Safer Federal Workforce Task Force (Task Force) issued new guidance on COVID-19...more
9/28/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Covered Employees ,
Covered Employer ,
Employer Mandates ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Subcontractors ,
Vaccinations ,
Workplace Safety