- Posted on: Dec 8 2021
By: Philip Schwartz
As you know, President Biden issued Executive Order 14042 on September 9 requiring covered federal contractors to mandate the COVID vaccine for all covered employees. This EO initially required covered employees to be fully vaccinated by December 8. In November, the deadline for full vaccination was extended to January 18.
Yesterday, on December 7, a Federal Court in Georgia issued a nationwide injunction staying the enforcement of the COVID vaccination requirement for covered employees of covered federal contractors. Thus, the requirement for covered employees to be fully vaccinated by January 18 will not be enforced. It remains to be seen if the Biden administration will appeal this ruling.
Additionally, on November 5, the Occupations Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS), which mandated that employers of 100+ employees require either vaccination or weekly testing for all employees beginning on January 4, 2022. Enforcement of this OSHA ETS was stayed by an order of the United States Fifth Circuit Court of Appeals on November 12.
And, on November 30, the vaccine requirement for healthcare workers issued by the Centers for Medicare and Medicaid Services (CMS) was stayed by an Order of the U.S. District Court for the Western District of Louisiana.
While these mandatory vaccine requirements are all on hold, employers are still able to issue policies which require employees to be vaccinated, so long as the policy provides for an exemption to the vaccination requirement for health reasons and for sincerely held religious beliefs.
If you need assistance navigating your way through these confusing and ever-changing requirements, please contact me.
Posted in: Employment Law