Monday, January 17, 2022

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OSHA Emergency Temporary Standard Survival Guide

Sheppard Mullin – On December 17, 2021, in a “Friday Night Surprise” the Sixth Circuit Court of Appeals lifted the Stay on the Federal Occupational Safety and Health Administration’s COVID-19 Emergency Temporary Standard (ETS).  This seminal ETS applies to employers with 100 or more employees and requires that employees be either (1) vaccinated; or (2) […]
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Injunctions May Only Pause the Government Contractor Vaccine Mandate

By Richard Arnholt of Bass Berry & Sims As the legal battles over the Biden administrations vaccine mandate for federal contractors continue, I authored an article for Law360 published on December 22, 2021 discussing significant rulings limiting the mandate’s enforcement in matters brought by multiple states. After the U.S. District Court for the Eastern District […]
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Federal Contractor Vaccine Mandate Uncertainty: Where the Mandate Stands and Current Considerations for Contractors...

Kelley Drye – The federal contractor vaccine rollout continues to present thorny issues for federal contractors.  President Biden issued Executive Order (“E.O.”) 14042 in early September 2021, requiring federal contractor employees to get vaccinated against COVID-19.  The E.O. was followed by guidance issued by the Safer Federal Workforce Task Force (“Task Force”) in late September […]
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Nationwide Injunction of Federal Contractor Vaccine Mandate Issued by US District Court, Southern District...

By Sati Harutyunyan, Matthew L. Haws, Gabrielle Sigel, and Scott E. Whitman of Jenner & Block On December 7, 2021, Judge R. Stan Baker of the U.S. District Court for the Southern District of Georgia issued a nationwide injunction of the Biden Administration’s vaccine mandate for federal contractors issued on September 9, 2021 through Executive Order 14042 (EO 14042). This […]
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Agencies Are Getting Better at Using the Defense Production Act for Pandemic Response

A watchdog report shows progress just as the Biden administration plans to increase reliance on the law to combat the omicron variant. More at Government Executive
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Biden to Launch Federal COVID-19 Testing Centers, New Federally Run Vaccination Sites

White House again ups federal agency deployments to confront COVID-19 pandemic and the Omicron variant. More at Government Executive
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Sixth Circuit Grants the Biden Administration’s Motion to Dissolve the Stay of the OSHA...

Perkins Coie – On December 17, 2021, the Sixth Circuit granted the Biden Administration’s motion to Dissolve the Stay of the OSHA Vaccine ETS, which was issued by the Fifth Circuit on November 5, 2021. Judge Stranch (an Obama appointee) authored the opinion, which Judge Gibbons (a Bush appointee) joined. Judge Larsen (a Trump appointee) […]
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Nationwide Injunction Of Federal Contractor Vaccine Mandate: What The Injunction – and Subsequent Federal...

Rogers Jospeh O’Donnell – On December 6, 2021, the Southern District of Georgia Federal District Court issued a nationwide preliminary injunction blocking enforcement of the federal contractor vaccine mandate in Executive Order 14042, finding that the President exceeded his authority under the Federal Property and Administrative Services Act, 40 U.S.C. § 101 et seq. A notice […]
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Executive Order 14042 – Update 12.0: U.S. District Court Issues Nationwide Injunction

Sheppard Mullin – Federal contractors and subcontractors across the country were forced to rethink their COVID-safety efforts when, on December 7, the U.S. District Court for the Southern District of Georgia enjoined enforcement of Executive Order 14042 nationwide. EO 14042, as most know by now, imposed vaccination, masking, and physical distancing requirements on domestic federal […]
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Federal Contractor Vaccination Mandate and Change Orders – Watch Out!

Nexsen Pruet – President Biden’s September 9, 2021 Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, generally requires that all employees of federal contractors and subcontractors of any tier working under a federal contract be vaccinated.  While this Executive Order applies to “new” federal contracts, it may also apply to any bilateral […]
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