Last September, President Biden announced three COVID-19 vaccine mandates that could apply to private-sector workers:
- An OSHA Emergency Temporary Standard (or “ETS”) requiring employers with 100+ employees to either be vaccinated or submit to weekly COVID-19 testing by January 4, 2022 –
CURRENTLY BLOCKED FROM BEING ENFORCED
- Executive Order 14042, which requires covered federal contractors (and subcontractors) to require that their workers be fully-vaccinated against COVID-19 by December 8, 2021 (though the deadline was extended to January 18, 2022) –
ENFORCEMENT ON HOLD
- A Centers for Medicare & Medicaid Services (CMS) rule requiring certain healthcare employers to require that their workers be fully-vaccinated against COVID-19 by January 4, 2022. –
CURRENTLY IN EFFECT
Not long after the vaccine mandates were issued, each mandate was subject to legal challenge. These suits have been winding their way through the courts and, two of the three mandates (the OSHA ETS Rule and CMS Mandate) have already reached the U.S. Supreme Court.
The Supreme Court is scheduled to hear oral arguments on Jan. 7, 2022, and the timing of any decision is unknown. Thus, it is important to take stock of the current status of each of the vaccine mandates, so that contractors can assess their next steps.
Click on the blue bars below to get an update on each mandate, its background, its litigation and what contractors an expect next.