- Written by: John E. Falcone
On Friday, January 21, a federal judge in Texas issued a nationwide preliminary injunction blocking implementation of the federal employee vaccine mandate contained in an Executive Order. The decision can be found at gov.uscourts.txsd.1855108.36.0.pdf (courtlistener.com). This injunction applies only to federal employees. A federal judge in Georgia had previously issued a nationwide injunction preventing the separate Executive Order mandating federal contractor employee vaccinations from going into effect. The latter injunction is on appeal, and this new injunction will almost certainly be appealed as well. Both cases likely will ultimately be decided by the U.S. Supreme Court. For now, those Executive Orders are not in effect.
- Written by: John E. Falcone
The U.S. Supreme Court today blocked Occupational Safety and Health Administration's (OSHA's) emergency temporary standard requiring businesses with at least 100 employees to ensure workers are vaccinated against the coronavirus or wear masks and undergo weekly COVID-19 testing. The Court, however, allowed the federal government through CMS to require COVID-19 vaccination for health care workers at Medicare- and Medicaid-certified providers and suppliers. The court noted in the second case that "health care workers around the country are ordinarily required to be vaccinated for diseases."
- Written by: John E. Falcone
U.S. Supreme Court
On January 7, the United States Supreme Court heard oral arguments concerning the OSHA rule that required employers with at least 100 employees to ensure workers are either vaccinated or tested weekly and wear masks, and also the separate CMS mandate that applies to certain health care workers. The 6th Circuit had lifted a stay imposed by another court concerning the OSHA rule, allowing the rule to remain in effect. The justices of the Supreme Court appeared skeptical of the OSHA mandate, but appeared more receptive to allowing the health care mandate to survive. We are expecting a ruling in the near future.
- Written by: John E. Falcone
A federal appeals court had issued an injunction staying the OSHA rule that required employers with at least 100 employees to ensure workers are either vaccinated or tested weekly and wear masks. Because there were numerous lawsuits challenging the rule pending in the federal circuit courts around the country, the cases were consolidated into the 6th Circuit Court of Appeals. Late on Friday night, the 6th Circuit lifted the stay, allowing the rule to remain in effect. The Court’s decision can be found at 21a0287p-06.pdf (uscourts.gov).
- Written by: John E. Falcone
A federal judge in Georgia yesterday (December 7) issued a nationwide injunction preventing the Executive Order mandating federal contractor employee vaccinations from going into effect. Courts had previously enjoined the separate OSHA rule that applies to employers with at least 100 employees. Yesterday’s injunction has nationwide effect because one of the parties to the lawsuit was a nationwide contractor trade association. That injunction will certainly be appealed, so this is not the last word on the subject. The case likely will ultimately be decided by the U.S. Supreme Court. For now, the rule is not in effect. Stay tuned for further developments.
John Falcone and Luke Malloy handle employment law matters at PLDR Law. Feel free to contact us if you have questions about this matter.
- Written by: John E. Falcone
On April 27, 2021, the President issued an Executive Order which increases the minimum wage for most federal contractors. Beginning January 30, 2022, that minimum wage must be at least $15.00 per hour and will be adjusted annually thereafter. The new wage will apply to federal contracts entered into or renewed on or after January 30, 2022. The Department of Labor issued its final Rule on November 24 with regulations to implement the Order. The Rule is found at Federal Register :: Increasing the Minimum Wage for Federal Contractors. It applies primarily to service contracts, and does not apply to grants.
- Written by: John E. Falcone
There have been recent developments in the three areas of the federal vaccine mandates.
(1) The executive order mandating vaccines for all federal employees and contractors
Updated guidance for federal contractors issued by the Department of Labor on November 10 clarified that covered contractor employees must be fully vaccinated by January 18, 2022. The guidance can be found at guidance.
- Written by: John E. Falcone
As the fine print details of the new OSHA standard emerge, please note the following:
- Written by: John E. Falcone
As we discussed in a previous blog, President Biden on September 9 announced proposals for more aggressive action against the spread of Covid-19. Those proposals consist of 3 primary measures: (1) an executive order mandating vaccines for all federal employees and contractors; (2) an order mandating vaccines for health care workers in settings that receive Medicare or Medicaid reimbursement; and (3) OSHA regulations requiring employers with at least 100 employees to require employees to be vaccinated. OSHA has now issued an emergency temporary standard (ETS) specifying the details of its requirements for employers with at least 100 employees. The standard can be found on the Department of Labor’s website at COVID-19 Vaccination and Testing ETS | Occupational Safety and Health Administration (osha.gov).
- Written by: John E. Falcone
On April 27, 2021, the President issued an Executive Order (Federal Register :: Increasing the Minimum Wage for Federal Contractors) which increases the minimum wage for federal contractors. Beginning January 30, 2022, that minimum wage must be at least $15.00 per hour and will be adjusted annually thereafter. The new wage will apply to federal contracts entered into or renewed on or after January 30, 2022. The Order directs the U.S. Department of Labor to issue regulations by November 24, 2021 to implement the requirements of the Order. Some of the questions about details of the Order should be answered by those regulations.
- Written by: John E. Falcone
The CDC recently revised its guidelines concerning quarantine and return to work after a worker has been in close contact with someone who has COVID-19. The new guidelines (COVID-19 Quarantine and Isolation | CDC) draw a distinction between people who have been vaccinated against COVID and those who have not been vaccinated.