Tuesday, January 18, 2022

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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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In extremis — PPP Money Is Not “Free” So Applicants & Recipients Need to...

Cozen O’Connor – As most of the population is aware, to try and preserve the economy and businesses viable during the COVID-19 pandemic, congress passed the CARES Act. That bill included the Payroll Protection Program (PPP), in which small businesses could receive government funded loans to cover certain payroll costs to help employee finances during […]
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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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Georgia District Court Enjoins Government Contractor Vaccine Mandate Nationwide

 By Richard Arnholt of Bass Berry & Sims On December 6, we noted on this blog that because the injunction issued by the District Court for the Eastern District of Kentucky on November 30 prohibiting the government from enforcing the government contractor vaccine mandate against contractors and subcontractors in Kentucky, Ohio, and Tennessee had national impact, […]
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Pentagon Stops Implementing Vaccine Mandate for Defense Contractors

A Pentagon spokeswoman says the department has stopped implementing the vaccine mandate for federal contractors. More at Breaking Defense
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Federal Government Confirms It Is Currently Not Enforcing Contractor COVID-19 Requirements

Proskauer Rose – Following two recent federal court decisions enjoining the enforcement of the contractor vaccine mandate, the Office of Management and Budget has issued guidance, posted on the Safer Federal Workforce Task Force’s website, regarding the federal government’s response to those decisions. The guidance provides that “The Government will take no action to enforce the […]
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