Update On Federal Contractor Vaccine Mandate – Still Stayed

As you know, President Biden’s Executive Order (No. 14042) mandating COVID-19 vaccination for employees of federal contractors and subcontractors is temporarily stayed nationwide. That stay will remain in place for now.

This case is presently before the Eleventh Circuit Court of Appeals which has decided to maintain the stay imposed by the trial court. The Court has allowed the parties until February 22 to finish briefing the issues in this case. Accordingly, it is likely that no decision will be made until after that date.

The Office of Management and Budget has explained 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. However, “[f]ederal agency COVID-19 workplace safety protocols for Federal buildings and Federally controlled facilities still apply in all locations. Contractor employees working onsite in those buildings and facilities must still follow Federal agency workplace safety protocols when working onsite.”

We will continue to keep you updated on this matter. If you have questions about the federal contractor vaccine mandate, 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.