COVID

On April 11, 2022, citing the rising numbers of COVID-19 cases, the Philadelphia Department of Public Health announced that it has moved into the “Mask Precautions” pandemic response level and will reinstate the City’s indoor mask mandate for most indoor spaces.  Masks will be required beginning Monday, April 18, after a one-week education period.  While…

In June, 2021, Philadelphia’s previous public health emergency leave mandate expired. However, on March 9, 2022, Philadelphia Mayor Jim Kenney signed a new bill extending COVID-19 paid sick leave to certain eligible employees. That bill became effective immediately upon signature. These requirements will sunset on December 23, 2023.

Under this new ordinance, employers with more…

On March 14, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) released several pieces of guidance aimed at addressing discrimination against caregivers, including:

  • A technical assistance document entitled “The COVID-19 Pandemic and Caregiver Discrimination Under Federal Employment Discrimination Law”;
  • Updated COVID-19 guidance, entitled “What You Should Know,” which explains what may constitute discrimination against employees

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President Biden’s vaccination mandate for federal contractors remains under a nationwide injunction.  In September 2021, President Biden issued Executive Order 14042, which directed federal agencies to require certain federal contractors and subcontractors to implement a vaccine mandate and COVID-19 workplace safety measures.  On December 7, 2021, the Southern District of Georgia enjoined the Executive Order…

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

Summary of OSHA ETS

 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

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).

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Continue Reading  Federal Vaccine Mandate: Scorecard

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. 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…