The patchwork collection of state and federal requirements applicable to COVID-19 vaccination continues to remain in flux. Beginning December 2021, there was a nationwide stay in the implementation of Executive Order 14042's...more
11/1/2022
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
Federal Employees ,
Health and Safety ,
Infectious Diseases ,
New Guidance ,
OMB ,
Popular ,
Vaccinations ,
Workplace Safety
The Biden Administration continues its march towards implementation and enforcement of permanent vaccination mandates.
OSHA withdraws OSHA Emergency Temporary Standard (ETS) -
On January 13, 2022, the Administration’s...more
1/27/2022
/ Biden Administration ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
Healthcare Workers ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The saga continues. In prior alerts, we have been providing updates and analysis regarding continuing practical and legal challenges to implementing the President’s Path Out of the Pandemic plan, and in particular, the...more
1/7/2022
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Federal Property and Administrative Services Act (FPASA) ,
Infectious Diseases ,
Popular ,
Preliminary Injunctions ,
Stays ,
Vaccinations ,
Workplace Safety
In the latest round of litigation on the rules being rolled out to implement the Biden Administration’s Path Out of the Pandemic, the Supreme Court signed orders yesterday to hold oral argument on January 7th, 2022 on the...more
12/24/2021
/ Biden Administration ,
Certiorari ,
Commerce Clause ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
Infectious Diseases ,
Motion to Dissolve ,
Multidistrict Litigation ,
Non-Delegation Doctrine ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Executive Order 14042 (the “EO”) and the implementing FAR clause and Safer Workforce Task Force (SWTF) Guidance – which mandate that government contractors and their subcontractors be vaccinated absent a legal exception – has...more
12/20/2021
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Federal Property and Administrative Services Act (FPASA) ,
Infectious Diseases ,
Motion To Enjoin ,
Parens Patriae ,
Preliminary Injunctions ,
Public Health ,
Standing ,
Vaccinations ,
Workplace Safety
Following an expedited briefing schedule and hearing, the U.S. District Court for the Middle District of Georgia has issued a nationwide preliminary injunction staying implementation of the government contractor vaccination...more
12/8/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
Lack of Authority ,
Preliminary Injunctions ,
Statutory Violations ,
Vaccinations ,
Workplace Safety
Breaking news – Following an expedited briefing schedule and hearing, the United States District Court for the Southern District of Georgia, in Georgia v. Biden, No. 21-cv-00163, has issued a nationwide preliminary injunction...more
As anticipated in our prior alerts, there have been continuing practical and legal challenges to implementing the Path Out of the Pandemic plan. This alert provides an update on the current status of challenges to OSHA's...more
12/2/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Comment Period ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Federal Contractors ,
Federal Employees ,
Healthcare Workers ,
Infectious Diseases ,
Motion To Enjoin ,
Multidistrict Litigation ,
OSHA ,
Preliminary Injunctions ,
Stays ,
Tenth Amendment ,
Vaccinations ,
Workplace Safety
On November 4, 2021, the White House released a fact sheet on the issuance of new OSHA ETS and CMS Rules and also addressed some changes to the previously announced EO 14042 federal contractor vaccination mandate. During last...more
11/9/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Deadlines ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Federal Contractors ,
Federal Employees ,
Healthcare Workers ,
Infectious Diseases ,
OSHA ,
Vaccinations ,
Workplace Safety
We have previously reported on implementation issues arising from President Biden’s Path out of the Pandemic plan, which included issuance of Executive Order 14042, Ensuring Adequate COVID-19 Safety Protocols for...more
11/3/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Health and Safety ,
Infectious Diseases ,
Reasonable Accommodation ,
Vaccinations ,
Workplace Safety
We have been answering a number of questions from clients regarding the nature and scope of the requirements for COVID vaccination, testing, masking and more. Our previous alert and blogs laid out the administration's Path...more
10/19/2021
/ Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
Infectious Diseases ,
New Guidance ,
OSHA ,
Popular ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
On September 30, 2021, the Civilian Agency Acquisition Council (CAAC) issued a formal Class Deviation from the Federal Acquisition Regulation (FAR), to implement rollout of the President’s Executive Order 14042, Ensuring...more
10/5/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
Public Health Emergency ,
Regulatory Requirements ,
Safety Programs ,
Subcontractors ,
Vaccinations ,
Workplace Safety
On September 24, 2021, the Safer Federal Workforce Task Force issued its hotly anticipated workplace safety guidelines as required by Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors....more
9/28/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Exempt-Employees ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
Public Health Emergency ,
Regulatory Requirements ,
Vaccinations ,
Workplace Safety
On September 9, 2021, President Biden rolled out his Path Out of the Pandemic plan (the “Plan”) to combat the spread of COVID-19. As reported in an earlier alert, this Plan contains a number of moving parts and coverage that...more
9/14/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Federal Contractors ,
Federal Employees ,
Health and Safety ,
Infectious Diseases ,
OSHA ,
Public Health Emergency ,
Service Contract Act ,
Vaccinations ,
Workplace Safety
President Biden entered office on January 20, 2021, without the usual parades, inaugural balls, and so forth that are the hallmarks of the establishment of a new administration. Typically only a few Executive Orders are...more
1/29/2021
/ Biden Administration ,
Census ,
Climate Change ,
Coronavirus/COVID-19 ,
Executive Orders ,
Immigration Reform ,
Infectious Diseases ,
LGBTQ ,
Masks ,
Military Service Members ,
Popular ,
Sex Discrimination ,
Supply Chain ,
Travel Ban
As government contractors, you have been caught between the Scylla and Charybdis of the COVID-19 pandemic. On the one hand, you have been required to continue to perform your government contracts to ensure the safety and...more
Generally speaking, entities that enter into contracts are bound to perform them. However, as matters evolve, the impacts of natural and man-made problems arising from the coronavirus (COVID-19) are being felt by customers,...more
3/13/2020
/ Business Interruption ,
Contract Terms ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Delay Claims ,
Emergency Management Plans ,
Federal Contractors ,
Force Majeure Clause ,
Foreign Commerce ,
Imports ,
Infectious Diseases ,
Liability Insurance ,
Performance Standards ,
Public Health ,
Risk Management ,
Suppliers ,
Supply Chain ,
Supply Contracts ,
Uniform Commercial Code (UCC)
At the end of December, China acknowledged the existence of the coronavirus, and this burgeoning heath crisis is becoming a supply chain problem. China, a major manufacturing hub for materials, products and components being...more
2/24/2020
/ Best Practices ,
Business Interruption ,
China ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Distributors ,
Emergency Management Plans ,
Force Majeure Clause ,
Health and Safety ,
Imports ,
Infectious Diseases ,
Inventory ,
Manufacturers ,
Manufacturing Facilities ,
Material Adverse Effects ,
Performance Standards ,
Policies and Procedures ,
Public Health ,
Reporting Requirements ,
Retail Market ,
Risk Management ,
Suppliers ,
Supply Chain ,
Third-Party Relationships
At the end of December, China acknowledged the existence of the coronavirus. We don’t know how long it has been around or how many people have actually contracted the virus. We do know the virus has spread at an alarming rate...more
2/13/2020
/ China ,
Emergency Management Plans ,
Emergency Response ,
Federal Contractors ,
Federal Procurement Systems ,
Global Marketplace ,
Health and Safety ,
Imports ,
Incident Response Plans ,
Infectious Diseases ,
Manufacturers ,
Public Health ,
Public Projects ,
Public Sector ,
Risk Management ,
Suppliers ,
Supply Chain