COVID-19 Vaccine Mandate For Federal Contractors Revived In Nevada

The nationwide court order prohibiting the federal government from enforcing a COVID-19 vaccine mandate against federal contractors has been lifted by the Eleventh Circuit Court of Appeals. This Court recently determined that a nationwide stay of the mandate was too broad and that the stay should only apply to those states and organizations that filed the lawsuit challenging the mandate. As such, the stay of the federal contractor mandate no longer applies in Nevada unless you are a member of the Associated Builders and Contractors (ABC) which is participating in the lawsuit.

In September 2021, President Biden issued an Executive Order requiring federal contractors and subcontractors to ensure their employees are vaccinated against COVID-19 and adopt other safety protocols. Several lawsuits were filed, challenging the legality of the Executive Order. One of those lawsuits, filed in Georgia, resulted in a nationwide stay of the Executive Order. Because of its nationwide scope, this stay applied to most Nevada federal contractors.

The nationwide stay has now been lifted by the Eleventh Circuit Court of Appeals. Like many courts across the country, the Eleventh Circuit Court believes that President Biden’s order mandating COVID-19 vaccines for the employees of federal contractors likely exceeded his legal authority. But the court ruled that a stay of the Executive Order should only apply to the parties who filed the lawsuit and that the trial court should not have issued a nationwide stay. Accordingly, the Executive Order is no longer stayed in Nevada unless you are a member of the Associated Builders and Contractors.

When the nationwide stay was first issued, the federal government announced that it would not act to implement or enforce the Executive Order. It is not clear whether this position will now change. As such, federal contractors and subcontractors should keep a careful eye on the Safer Federal Workforce website and stay tuned to the KZA Employer Report for updates.

KZA Employer Report articles are for general information only; they are not intended and should not be construed to be legal advice. Reading or replying to such articles does not establish an attorney-client relationship. In addition, because the subject matters and applicable laws discussed in Employer Report articles are often in a state of change and not always applicable to every type of business entity or organization, readers should consult with counsel before making decisions based on the same.