An Essential Resource for Employers
On the latest episode of our podcast, Business Better, our Ballard lawyers provide an update on the current status of the federal COVID-19 vaccine mandate, and the steps employers should be taking as a result of the recent changes.
Leading this discussion is Lila Sevener, an Associate in Ballard’s Philadelphia office. With Lila are Brian…
The following dashboard provides an at-a-glance summary of the federal vaccine mandates and their current legal status. To learn more about each mandate, follow the links to HR Law Watch articles.
PODCAST: Catch our podcast titled Federal Vaccine Mandates: What’s Next for Employers.
| Mandate | Requirements of Mandate | Current Status |
| Federal OSHA Emergency Temporary Standard (“ETS”) | Requires all covered employers to ensure that employees are fully vaccinated by January 4 or test weekly, among other requirements.
HR Law Watch Links: 6th Circuit Wins OSHA ETS Lottery NLRB Outlines Employers’ Duty to Bargain Over Implementation of OSHA ETS Federal Vaccine Mandates Maze Can Trap Unwary Employer OSHA Unveils Vaccination or Testing Rule for Large, Private Employers |
Withdrawn by OSHA on January 26, 2022. See announcement. |
| Centers for Medicare & Medicaid Services (“CMS”) Requirements | Requires vaccinations for healthcare workers.
HR Law Watch Links: Biden’s Vaccine Mandates For Federal Contractors and Health Care Workers Are Halted |
All injunctions lifted by Supreme Court on January 13, 2022. See Biden et al. v. Missouri, et al., No. 21A240, 21A241. (January 13, 2022). Enforcement will go into effect in all states on January 27, 2022. |
| Federal Contractor Executive Order | Requires vaccination for some employees of federal contractors.
HR Law Watch Links: Biden’s Vaccine Mandates For Federal Contractors and Health Care Workers Are Halted Federal Contractor COVID-19 Vaccine Mandate Deadline Extended |
Enjoined nationwide as of December 7, 2021. See Georgia, et al. v. Biden et al., Docket No. 1:21-cv-163 (U.S. Dist. Ct., S.D. GA, Dec. 7, 2021).
Injunction upheld by 11th Circuit on December 17, 2021. See Georgia, et al. v. Biden, et al., No. 21-14269 (11th Cir., December 17, 2021). |
| Federal Employee Executive Order | Requires vaccination for federal employees.
See Federal Employee Executive Order See Guidance |
Enjoined nationwide on January 21, 2022. See Feds for Medical Freedom, et al. v. Biden et al., No. 3:21-cv-356 (S.D. Tex. Jan. 21, 2022). |
As previously reported here, the Supreme Court recently issued decisions staying the Occupational Safety and Health Administration (OSHA) “vaccine or test” Emergency Temporary Standard (ETS) and upholding the Centers for Medicare & Medicaid Services (CMS) vaccine mandate for certain health care providers. Meanwhile, the vaccine mandate for federal contractors remains stayed pending appellate court…
The Supreme Court issued two opinions on January 13, 2022 relating to federal agency vaccination rules and mandates. In one opinion, the Court issued an emergency stay of the Occupational Safety and Health Administration (OSHA) “vaccine or test” Emergency Temporary Standard (ETS). In another opinion, the Court upheld the Centers for Medicare &…
The U.S. Department of Labor, Wage and Hour Division (DOL-WHD) and National Labor Relations Board (NLRB) announced plans to collaborate “to enhance and maximize the enforcement of the federal laws administered between the two agencies.” The DOL-WHD enforces the minimum wage and overtime requirements while the NLRB enforces the National Labor Relations Act (NLRA).
Under…
On December 17, the Sixth Circuit issued an opinion lifting the nationwide stay of the Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS) mandating COVID-19 vaccination or testing. As previously reported here, the ETS requires employers with 100 or more employees to either require that workers receive the COVID-19 vaccine or submit…
On December 7, 2021, the U.S. District Court for the Southern District of Georgia issued an order enjoining the COVID-19 vaccine mandate for federal contractors and subcontractors pursuant to Executive Order 14042 (Executive Order) from going into effect nationwide. Although the Georgia court discussed the “tragic toll” the COVID-19 pandemic has wrought, the court ruled…
On the latest episode of our podcast, Business Better, we discuss the current array of federal COVID-19 vaccine mandates: their effectiveness and requirements, the scope of their coverage, and what employers should consider in responding to them. This recording took place on December 1st and does not capture changes which have taken place after this…
Many federal contractors already have an obligation to develop and maintain written Affirmative Action Plans. Now, the Office of Federal Contract Compliance Programs (OFCCP) has announced that those same companies will be required to use a new online platform, called the “Affirmative Action Plan Verification Interface,” available here, to annually certify that they are…
On Monday, November 15, after Congress passed a $1 trillion infrastructure bill, President Biden signed it into law. This law will pour billions into roads and bridges, transit, broadband services, airports, waterways and more. Although a majority of the provisions are related to physical structures and developments, several provisions relate to labor and employment:
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