Federal Contractor Vaccine Mandate Update

In an odd twist, the federal court that issued the nationwide stay to the President’s Executive Order (No. 14042) requiring federal contractors and subcontractors to adopt certain COVID-19 protocols, including mandatory vaccination policies, has clarified that the stay only applies to the vaccine mandate and not to the other required safety protocols.

As you know, the Executive Order directed the Safer Federal Workforce Task Force to establish COVID-19 safeguards, which federal contractors entering into certain contracts with executive agencies would be contractually required to follow. The court explained that the focus of its stay was the requirement that all covered contractor employees working on or in connection with a covered contract or at a covered contractor workplace be fully vaccinated against COVID-19. The court’s stay has been appealed to the Eleventh Circuit Court of Appeals which will hear the case in early April.

Despite the court’s clarification, the U.S. Office of Management and Budget has not changed its position that the Government “will take no action to enforce” Executive Order No. 14042 if the place of performance identified in the contract is in a U.S. state or outlying area subject to the trial court’s stay order.

The bottom line for federal contractors is that the vaccine mandate portion of Executive Order No. 14042 remains on hold. The other requirements of Executive Order 14042 are not stayed for employers in Nevada.

We will continue to keep you updated on this matter. If you have questions about the federal contractor COVID-19 Executive Order, please contact a KZA attorney.

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.