The patchwork collection of state and federal requirements applicable to COVID-19 vaccination continues to remain in flux. Beginning December 2021, there was a nationwide stay in the implementation of Executive Order 14042's...more
11/1/2022
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
Federal Employees ,
Health and Safety ,
Infectious Diseases ,
New Guidance ,
OMB ,
Popular ,
Vaccinations ,
Workplace Safety
The Biden Administration continues its march towards implementation and enforcement of permanent vaccination mandates.
OSHA withdraws OSHA Emergency Temporary Standard (ETS) -
On January 13, 2022, the Administration’s...more
1/27/2022
/ Biden Administration ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
Healthcare Workers ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The saga continues. In prior alerts, we have been providing updates and analysis regarding continuing practical and legal challenges to implementing the President’s Path Out of the Pandemic plan, and in particular, the...more
1/7/2022
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Federal Property and Administrative Services Act (FPASA) ,
Infectious Diseases ,
Popular ,
Preliminary Injunctions ,
Stays ,
Vaccinations ,
Workplace Safety
In the latest round of litigation on the rules being rolled out to implement the Biden Administration’s Path Out of the Pandemic, the Supreme Court signed orders yesterday to hold oral argument on January 7th, 2022 on the...more
12/24/2021
/ Biden Administration ,
Certiorari ,
Commerce Clause ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
Infectious Diseases ,
Motion to Dissolve ,
Multidistrict Litigation ,
Non-Delegation Doctrine ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Executive Order 14042 (the “EO”) and the implementing FAR clause and Safer Workforce Task Force (SWTF) Guidance – which mandate that government contractors and their subcontractors be vaccinated absent a legal exception – has...more
12/20/2021
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Federal Property and Administrative Services Act (FPASA) ,
Infectious Diseases ,
Motion To Enjoin ,
Parens Patriae ,
Preliminary Injunctions ,
Public Health ,
Standing ,
Vaccinations ,
Workplace Safety
Following an expedited briefing schedule and hearing, the U.S. District Court for the Middle District of Georgia has issued a nationwide preliminary injunction staying implementation of the government contractor vaccination...more
12/8/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
Lack of Authority ,
Preliminary Injunctions ,
Statutory Violations ,
Vaccinations ,
Workplace Safety
Breaking news – Following an expedited briefing schedule and hearing, the United States District Court for the Southern District of Georgia, in Georgia v. Biden, No. 21-cv-00163, has issued a nationwide preliminary injunction...more
As anticipated in our prior alerts, there have been continuing practical and legal challenges to implementing the Path Out of the Pandemic plan. This alert provides an update on the current status of challenges to OSHA's...more
12/2/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Comment Period ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Federal Contractors ,
Federal Employees ,
Healthcare Workers ,
Infectious Diseases ,
Motion To Enjoin ,
Multidistrict Litigation ,
OSHA ,
Preliminary Injunctions ,
Stays ,
Tenth Amendment ,
Vaccinations ,
Workplace Safety
On November 4, 2021, the White House released a fact sheet on the issuance of new OSHA ETS and CMS Rules and also addressed some changes to the previously announced EO 14042 federal contractor vaccination mandate. During last...more
11/9/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Deadlines ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Federal Contractors ,
Federal Employees ,
Healthcare Workers ,
Infectious Diseases ,
OSHA ,
Vaccinations ,
Workplace Safety
We have previously reported on implementation issues arising from President Biden’s Path out of the Pandemic plan, which included issuance of Executive Order 14042, Ensuring Adequate COVID-19 Safety Protocols for...more
11/3/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Health and Safety ,
Infectious Diseases ,
Reasonable Accommodation ,
Vaccinations ,
Workplace Safety
We have been answering a number of questions from clients regarding the nature and scope of the requirements for COVID vaccination, testing, masking and more. Our previous alert and blogs laid out the administration's Path...more
10/19/2021
/ Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
Infectious Diseases ,
New Guidance ,
OSHA ,
Popular ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
On September 30, 2021, the Civilian Agency Acquisition Council (CAAC) issued a formal Class Deviation from the Federal Acquisition Regulation (FAR), to implement rollout of the President’s Executive Order 14042, Ensuring...more
10/5/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
Public Health Emergency ,
Regulatory Requirements ,
Safety Programs ,
Subcontractors ,
Vaccinations ,
Workplace Safety
On September 24, 2021, the Safer Federal Workforce Task Force issued its hotly anticipated workplace safety guidelines as required by Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors....more
9/28/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Exempt-Employees ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
Public Health Emergency ,
Regulatory Requirements ,
Vaccinations ,
Workplace Safety
As reported in an earlier alert and blog, on September 9, 2021, President Biden rolled out his Path Out of the Pandemic plan (the “Plan”) to combat the spread of COVID-19. ...more
9/22/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Defense (DOD) ,
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 rolled out his Path Out of the Pandemic plan (the “Plan”) to combat the spread of COVID-19. As reported in an earlier alert, this Plan contains a number of moving parts and coverage that...more
9/14/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Federal Contractors ,
Federal Employees ,
Health and Safety ,
Infectious Diseases ,
OSHA ,
Public Health Emergency ,
Service Contract Act ,
Vaccinations ,
Workplace Safety
Previously we reported on the various types of loan relief available under the Coronavirus Aid, Relief, and Economic Security (CARES) Act signed into law on March 27, 2020....more
President Biden entered office on January 20, 2021, without the usual parades, inaugural balls, and so forth that are the hallmarks of the establishment of a new administration. Typically only a few Executive Orders are...more
1/29/2021
/ Biden Administration ,
Census ,
Climate Change ,
Coronavirus/COVID-19 ,
Executive Orders ,
Immigration Reform ,
Infectious Diseases ,
LGBTQ ,
Masks ,
Military Service Members ,
Popular ,
Sex Discrimination ,
Supply Chain ,
Travel Ban
As government contractors, you have been caught between the Scylla and Charybdis of the COVID-19 pandemic. On the one hand, you have been required to continue to perform your government contracts to ensure the safety and...more
The COVID-19 pandemic hit the United States in 2020 and Congress responded with legislation to provide a variety of forms of relief to small and large businesses and nonprofits, as well as individuals....more
10/22/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Economic Injury Disaster Loans ,
False Claims Act (FCA) ,
Federal Loans ,
Main Street Lending Programs ,
Paycheck Protection Program (PPP) ,
Regulatory Oversight ,
SBA Lending Programs ,
SIGPR
Our blogs and alerts have reported on the increasing legislative and regulatory requirements to promote the security of the U.S. supply chain, including its cybersecurity....more
8/3/2020
/ China ,
Coronavirus/COVID-19 ,
Cyber Crimes ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Data Security ,
Department of Justice (DOJ) ,
Federal Contractors ,
Foreign Adversaries ,
Hackers ,
Indictments ,
National Security ,
Popular ,
Risk Management ,
Supply Chain ,
Vulnerable Victims
The Paycheck Protection Program (PPP) was enacted as part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act on March 27, 2020. Unfortunately, the path to providing PPP loan relief has not been smooth. Instead,...more
Following the release of the second round of Paycheck Protection Program (PPP) funding, the Small Business Administration (SBA) posted several updates related to the PPP. ...more
On April 24, 2020, following a string of interim final rules and updates to the Paycheck Protection Program (PPP) frequently asked questions (FAQ), the Small Business Administration (SBA) posted yet another interim final...more
A number of public companies applied for and received potentially forgivable loans under the Paycheck Protection Program (PPP). To be eligible for a PPP loan a borrower does not need to demonstrate that it is unable to obtain...more
4/25/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Eligibility Determination ,
Federal Loans ,
Financial Stimulus ,
Paycheck Protection Program (PPP) ,
Publicly-Traded Companies ,
Relief Measures ,
SBA ,
SBA Lending Programs ,
Small Business
Section 3610 of the CARES Act provides for funding to aid government contractors whose employees or subcontractors “cannot perform work on a site that has been approved by the federal government, including federally-owned or...more