Monday, January 17, 2022

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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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Georgia Court Issues Nationwide Injunction of Executive Order 14042—How Should Contractors Respond?

Morrison & Foerster – On December 7, 2021, the U.S. District Court for the Southern District of Georgia ordered a nationwide injunction of Executive Order 14042 (the EO or EO 14042), temporarily suspending the EO’s vaccination, masking, and social distancing requirements and all implementing guidance. Although the Georgia court’s nationwide injunction likely will remain in […]
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OMB Issues Guidance on Impact of Injunction on Government Contractor Vaccine Mandate

Jackson Lewis – The Office of Management and Budget has issued guidance on the impact of the federal court ruling enjoining the Biden Administration’s federal contractor vaccine mandate.  The guidance, as reported on the Safer Federal Workforce Task Force website, states that the government will take no action to enforce the mandate on contracts where the […]
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Fast Times in Federal Courts: Will the Vaccine Mandates Stay, or Will They Go?

Venable – Over the last several months, three arms of the federal government have issued guidance mandating COVID-19 vaccines for various groups of employees. Unsurprisingly, each of these mandates has been challenged in court. Some employers are waiting to see how these legal challenges will be resolved before implementing any policies; others have forged ahead […]
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Government Contractor Q&A: Impact of Nationwide Injunction Prohibiting Enforcement of Federal Contractor Vaccine Mandate

Blank Rome – The U.S. District Court for the Southern District of Georgia issued a preliminary injunction against enforcement of Executive Order 14042, under which prime contractors and subcontractors are required to ensure that all of their employees working “on or in connection with” covered federal contracts are fully vaccinated against COVID-19. The order was […]
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