Biden Administration

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 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 on The Patchwork of Federal Vaccine Mandates.

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

Summary of OSHA ETS

Stayed by Supreme Court on January 13, 2022.  See National Federation of Independent Business, et al. v. Department of Labor, Occupational Safety and Health Administration, et al., No. 21A244, 21A247, (January 13, 2022).   
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

Federal Vaccine Mandates Maze Can Trap Unwary Employer

Centers for Medicare & Medicaid Services Announce that Healthcare Staff Must Be Vaccinated by January 4

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

Federal Vaccine Mandates Maze Can Trap Unwary Employer

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).


Continue Reading Federal Vaccine Mandate: Scorecard

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. Supreme Court has announced that it will expedite its consideration of the Biden Administration’s COVID-19 vaccine mandates.  Legal briefing is already under way and the Court will hear oral argument on January 7, 2022 on the Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS) mandating COVID-19 vaccination or testing.  Commonly known

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

As we previously reported here, the Biden Administration has seen significant setbacks as courts around the country halt the administration’s vaccine mandates, including the emergency Interim Final Rule issued by the Centers for Medicare and Medicaid Services (CMS). Specifically, on November 29, Judge Matthew T. Schelp of the U.S. District Court for the Eastern

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

The Biden Administration’s action plan to overcome the pandemic saw major setbacks this week as courts around the country halted the administration’s mandatory COVID-19 vaccination policies for federal contractors and subcontractors and health care workers.

Specifically, on September 24, 2021 the Biden Administration issued guidance to supplement a previously issued Executive Order, in effect requiring

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