Eleventh Circuit Hears Oral Argument in EO 14042 Preliminary Injunction Appeal
- Lawyers for the U.S. government and challengers to the federal contractor vaccine mandate both faced tough questions from an Eleventh Circuit panel in Atlanta, Georgia on Friday, April 8, 2022. The appeal from the Southern District of Georgia’s decision preliminarily enjoining Executive Order 14042... ›
A Second Look: Parties Spar Over Vaccine Mandate in Eleventh Circuit Appeal from EO 14042 Injunction
By: Joseph R. Palmore, J. Alex Ward and Krista A. Nunez
It has been more than two months since the U.S. District Court for the Southern District of Georgia issued a nationwide preliminary injunction of Executive Order 14042 , the Biden Administration’s effort to impose a vaccine requirement on federal contractors. Since then, the district... ›Another Ticking Clock: Additional District Court Preliminarily Enjoins EO 14042 | Increasing Need for OMB Update on GA Court Clarification Order
By: J. Alex Ward, Joseph R. Palmore, Andrew R. Turnbull and Krista A. Nunez
On January 27, 2022, the U.S. District Court for the District of Arizona joined the growing list of courts that have preliminarily enjoined Executive Order 14042 (which imposes COVID safety protocols on government contractors, including a vaccine mandate) based on an initial determination that... ›Patchwork Preliminary Injunctions: Interpreting Contractor Compliance Obligations under EO 14042
By: Joseph R. Palmore, J. Alex Ward and Krista A. Nunez
As a result of the U.S. District Court for the Southern District of Georgia’s latest order, which confirms the nationwide preliminary injunction of Executive Order 14042 (“EO” or “EO 14042”) applies only to the “vaccine mandate,” federal contractors must solve yet another puzzle. That... ›Double-Take: Nationwide Preliminary Injunction of EO 14042 Limited to “Vaccine Mandate” Only
By: J. Alex Ward, Joseph R. Palmore and Krista A. Nunez
On Friday afternoon, the U.S. District Court for the Southern District of Georgia, which had earlier issued a nationwide preliminary injunction of Executive Order 14042, made clear that the injunction applies only to the vaccine mandate and not to other COVID-related requirements. (We previously reported on... ›Updates to Task Force Guidance | District Courts Follow Different Reasoning to Hold Executive Order 14042 Invalid: Circuit Courts to Determine Which Arguments Succeed or Fail
By: J. Alex Ward and Krista A. Nunez
The fast and furious Jenga game over when and with which federal vaccine mandate a company must comply might finally have reached a turning point. On January 13, 2022, the Supreme Court issued dual per curiam opinions in which it blocked the Occupational Safety... ›Georgia Court Issues Nationwide Injunction of Executive Order 14042—How Should Contractors Respond?
By: J. Alex Ward, Andrew R. Turnbull and Krista A. Nunez
On December 7, 2021, the U.S. District Court for the Southern District of Georgia ordered a nationwide injunction of Executive Order 14042 (the EO or EO 14042), temporarily suspending the EO’s vaccination, masking, and social distancing requirements and all implementing guidance. Although the Georgia... ›Untangling the Vaccine Mandate – Updates and Answers to Frequently Asked Questions
By: J. Alex Ward, Andrew R. Turnbull, James A. Tucker and Krista A. Nunez
Since our October 14, 2021 webinar, much has developed in the rapidly evolving compliance world of Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors (“EO” or “EO 14042”). In case you missed it, we issued two prior alerts on some of these... ›Federal Court Temporarily Halts OSHA ETS—EO 14042’s New January 4, 2022 Vaccine Deadline Remains
By: Andrew R. Turnbull and Krista A. Nunez
Less than three days after the Occupational Health and Safety Administration (“OSHA”) released its November 4, 2021, emergency temporary standards on COVID-19 vaccines and testing (the “ETS”), on November 6, 2021, the U.S. Court of Appeals for the Fifth Circuit temporarily stayed the ETS, citing the... ›New Task Force Guidance Signals Some Flexibility for Contractors
By: Andrew R. Turnbull, J. Alex Ward and Krista A. Nunez
On November 1, 2021, the Safer Federal Workforce Task Force (the “Task Force”) added new FAQs to its guidance on Executive Order 14042 (“EO 14042”), signaling that contractors have some flexibility to go beyond the rapidly-approaching December 8, 2021 deadline for covered employees to be fully... ›