The far-reaching vaccine mandate issued by the Biden administration in September has once more taken a hit thanks to court rulings stating that the administration has overstepped its authority.

This is the latest strike against the legislation, which was paused for the first time on November 12th, when the U.S. Court of Appeals for the Fifth Circuit granted a motion to stay OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard. In reaction to the motion, OSHA suspended implementing and enforcing the mandate until the issue is worked out in the courts. You can read their response to this decision here.

The December 7th ruling is the newest chapter in the fight against the sweeping mandate, pausing enforcement for federal contractors. This means that until further decisions are made in the courts, the vaccine mandate only still applies to military and civilian government employees.

What it means

The federal government’s stance on the vaccine mandate is the same but implementing and enforcing the law is temporarily paused for non-government and non-military organizations, including federal contractors. This means that the January 18, 2022, final enforcement deadline for Federal contractors is on hold.

And while there is a temporary pause on the federal vaccine mandate, individual states may have or be contemplating their own mandates. This adds to the confusion as the courts work out the legalities of what the government can and cannot enforce regarding the COVID-19 vaccine.

It can be difficult to know what to do as a business owner, but it is wise to have a plan for compliance in place and watch to see what happens in the courts.  Remember, the federal mandate went past vaccines and testing, including the following provisions:

  • Required recording keeping and reporting
  • Tracking and storing COVID-19 vaccine and test data
  • Providing relevant data available to those with written authorized consent
  • Tracking and providing the aggregate number of fully vaccinated employees and total number of employees, to any employee or employee representative that requests the information.

Much like everyone else, we are watching the situation closely. Check back for updates as the situation evolves.

Read the original vaccine mandate here.

The material presented here is educational in nature and is not intended to be, nor should be relied upon, as legal or financial advice. Please consult with an attorney or financial professional for advice.

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