Federal Vaccine Laws- Where Things Stand Today (12-1-21)

For all of you employers confused about the status of the various vaccine mandates…join our party.

In fact, there have been major developments in two of the three major “vaccine mandate” laws/rules in just the past few days.  To help you keep things straight, here is the status of these 3 vaccine laws/rules, as of (the afternoon of 😊) December 1, 2021.

Executive Order 14042 (applying broadly to all federal government contractors):  being challenged in multiple ongoing lawsuits, but as of now it remains in place unless your employees work in Kentucky, Tennessee or Ohio.  A federal judge granted an injunction pausing enforcement of this EO, but the ruling only applies in these 3 states.  For now.

OSHA Emergency Temporary Standard (applying to all employers with 100 or more employees):  being challenged in multiple ongoing lawsuits, and as of now it is stayed on a nationwide basis and not enforceable.  The government is seeking to reverse the federal court’s decision, but it seems likely that if the law is ultimately allowed to go into effect, the deadlines will be pushed back.

CMS Healthcare mandate (applying to healthcare facilities):  being challenged in multiple ongoing lawsuits, and as of now it is stayed on a nationwide basis and not enforceable.  The government is also likely to seek reversal of this decision.

For more information on these mandates please see our Alerts or reach out to your employment counsel.  We are here to help!  

And, as a reminder—our subscription plans give you the peace of mind talking through these issues whenever you have questions for no additional cost.  Lots of you have already made good use of these resources—but if you have not yet explored that option please let us know if you have questions. 

Prices will go up on January 1, so now is the time to lock in your 2021 subscription rates.

Meredith S. Campbell
Chair Employment and Labor Group
Chair Corporate Investigations, Governance & Risk Management

Email mcampbell@shulmanrogers.com T(301)255-0550