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
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…
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:
|Withdrawn by OSHA on January 26, 2022.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:
|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:
|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.
|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. 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…