On August 26, 2022, the United States Court of Appeals for the Eleventh Circuit narrowed the nationwide injunction of Executive Order 14042, which requires federal contractors and employees who work on or in connection with a covered federal contract, or share a workplace with another employee who works on or in connection with such contracts, to be fully vaccinated against COVID-19.… Continue Reading
Paid COVID Leave is Back in Philadelphia
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 than 25 employees must provide up to 40 hours of additional paid sick leave to eligible employees who are unable to work for reasons related to COVID-19, including:
- A determination by a public official or public health authority having jurisdiction, a health care provider, or an employer that the employee’s presence on the job or in the community would jeopardize the health of others because of the employee’s exposure to COVID-19 or because the employee is exhibiting symptoms that might jeopardize the health of others, regardless of whether the employee has been diagnosed with or has tested positive for COVID-19.
Status Update: Federal Contractor Vaccine Mandate Still Enjoined
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 nation-wide, and the injunction was later upheld by the US Court of Appeals for the Eleventh Circuit.… Continue Reading
Podcast – Federal Vaccine Mandates: What’s Next 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.… Continue Reading
Federal Vaccine Mandate: Scorecard
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.|
Update for Employers Navigating Federal Vaccine Requirements
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 review.… Continue Reading
Supreme Court Stays OSHA “Vaccine or Test” ETS and Upholds CMS Vaccine Mandate
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 & Medicaid Services (CMS) vaccine mandate for certain health care providers.… Continue Reading
Supreme Court to Decide Shot or Test Rules
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. … Continue Reading
Sixth Circuit Lifts Stay on OSHA Vaccine or Test ETS
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 to regular COVID-19 testing and wear a face covering.… Continue Reading
CMS Vaccine Rule Back in Play for 26 States
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 District of Missouri enjoined the CMS Rule in the ten states who brought an action seeking preliminary injunction (Alaska, Arkansas, Iowa, Kansas, Missouri, Nebraska, New Hampshire, North Dakota, South Dakota, and Wyoming).… Continue Reading