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A Covid-19 E-Alert.

Client Alert: Federal Contractor Vaccine Mandate Temporarily Blocked Nationwide

On December 7, 2021, the U.S. District Court for the Southern District of Georgia issued a nationwide injunction temporarily barring the federal government from enforcing the Biden Administration’s COVID-19 vaccine mandate for federal contractors and subcontractors.

The Court’s ruling follows a lawsuit and motion for preliminary injunction brought by seven states and a trade organization, who have argued that the President exceeded the authority given to him by Congress when he issued Executive Order 14042, which requires federal contractors to mandate COVID-19 vaccinations and provide certain other COVID-19 safeguards.  The ruling prohibits the federal government from enforcing the vaccine mandate contained in Executive Order 14042 (the “Order”) and the related Guidance for Federal Contractors and Subcontractors issued by the Safer Federal Workforce Task Force (the “Guidance”), which is summarized in our client alert dated September 27, 2021, and as noted above, the prohibition applies nationwide.  Accordingly, at the moment, federal contractors and subcontractors are not required by law to comply with the vaccine mandate contained in the Order and the Guidance.  However, for now, the prohibition is only temporary:  the Court issued a preliminary injunction, which means that the federal government can continue to defend the vaccine mandate in court, and can also file an appeal with the U.S. Court of Appeals for the Eleventh Circuit to overturn the temporary ban.

White House Press Secretary Jen Psaki has reported that the federal government will continue to “vigorously defend the [federal contractor vaccine mandate] in court”.  We believe an appeal of this preliminary injunction is likely, but the government has not yet filed an appeal and has not yet definitively indicated whether it will appeal.  The deadline for the government to file an appeal is February 5, 2022.

We will continue to monitor the progress of this litigation and the status of the federal contractor vaccine mandate (as well as the other mandates that are temporarily stayed).  In the meantime, federal contractors and subcontractors who wish to voluntarily implement a mandatory vaccination policy may continue to do so, so long as it complies with applicable federal, state, and local law.

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Tracy Thomas Boland
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Tracy Thomas Boland

Tracy Boland counsels clients on the full range of employment law issues from hiring to firing including performance management, investigations, wage and hour issues, leaves of absence and the accommodations process, discrimination and harassment issues and investigations and reductions in force. She particularly enjoys supporting clients as they work through novel and emerging legal issues such as pay equity and the ever-growing number of paid leave laws. Clients also rely on her to draft and revise employee handbooks, employment agreements, and severance and settlement agreements

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Jacob A Tosti.
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Jacob A. Tosti

Jacob is an Associate in the firm’s Labor & Employment Practice Area. With a primary focus in employment litigation, his experience in the courtroom, paired with his background in preparing thoughtful and concise motions, legal briefs and affidavits, make him an asset to clients who are looking to solve complex workplace legal issues.

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About the Authors

Tracy Thomas Boland
Stay Connected
LinkedIn

Partner

Tracy Thomas Boland

Tracy Boland counsels clients on the full range of employment law issues from hiring to firing including performance management, investigations, wage and hour issues, leaves of absence and the accommodations process, discrimination and harassment issues and investigations and reductions in force. She particularly enjoys supporting clients as they work through novel and emerging legal issues such as pay equity and the ever-growing number of paid leave laws. Clients also rely on her to draft and revise employee handbooks, employment agreements, and severance and settlement agreements

Stay Connected
LinkedIn

More Posts by Author ›

Jacob A Tosti.
Stay Connected
LinkedIn

Associate

Jacob A. Tosti

Jacob is an Associate in the firm’s Labor & Employment Practice Area. With a primary focus in employment litigation, his experience in the courtroom, paired with his background in preparing thoughtful and concise motions, legal briefs and affidavits, make him an asset to clients who are looking to solve complex workplace legal issues.

Stay Connected
LinkedIn

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