On May 1, the Biden Administration announced that the federal contractor and subcontractor (“Contractor”) vaccine mandate (the “Contractor Vaccine Requirement”) issued by the Safer Federal Workforce Task Force (the “Task Force”) in response to President Biden’s Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors will officially end on May 12, 2023.

As we previously reported, the Contractor Vaccine Requirement, issued in September 2021, required Contractors to (1) impose vaccination requirements on certain employees, (2) comply with masking and physical distancing requirements, and (3) designate person(s) to coordinate COVID-19 workplace safety efforts. However, in December 2021, a federal judge issued a nationwide preliminary injunction halting enforcement of the Contractor Vaccine Requirement. As a result of the injunction, the Office of Management and Budget issued guidance stating that the federal government would not enforce the Contractor Vaccine Requirement, “absent further written notice from the agency[.]”

Following an Eleventh Circuit ruling narrowing the nationwide injunction, the Safer Federal Workforce Taskforce announced that it “intend[ed] to update its guidance regarding COVID-19 safety protocols for covered contractor and subcontractor workplace locations” and temporarily directed agencies not to enforce the Contractor Vaccine Requirement “to allow time to develop advice and processes for meeting agencies’ obligations under Executive Order 14042.” No updated guidance was issued.

The May 1, 2023 announcement instructs agencies “not [to] take any steps to require covered contractors and subcontractors to come into compliance with previously issued [Task Force] guidance, or enforce any contract clauses implementing Executive Order 14042.” The Task Force plans to “issue further guidance” after President Biden issues a new executive order “[i]n the coming days,” which will formally rescind the vaccination requirement effective May 12, 2023.

We will continue to monitor and report on this and other developments impacting federal government contractors.

 

Posted in Coronavirus, Federal Contractors, OFCCP
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Photo of Guy Brenner Guy Brenner

Guy Brenner is a partner in the Labor & Employment Law Department and leads the Firm’s Washington, D.C. Labor & Employment practice. He is head of the Government Contractor Compliance Group, co-head of the Counseling, Training & Pay Equity Group and a member…

Guy Brenner is a partner in the Labor & Employment Law Department and leads the Firm’s Washington, D.C. Labor & Employment practice. He is head of the Government Contractor Compliance Group, co-head of the Counseling, Training & Pay Equity Group and a member of the Restrictive Covenants, Trade Secrets & Unfair Competition Group. He has extensive experience representing employers in both single-plaintiff and class action matters, as well as in arbitration proceedings. He also regularly assists federal government contractors with the many special employment-related compliance challenges they face.

Guy represents employers in all aspects of employment and labor litigation and counseling, with an emphasis on non-compete and trade secrets issues, medical and disability leave matters, employee/independent contractor classification issues, and the investigation and litigation of whistleblower claims. He assists employers in negotiating and drafting executive agreements and employee mobility agreements, including non-competition, non-solicit and non-disclosure agreements, and also conducts and supervises internal investigations. He also regularly advises clients on pay equity matters, including privileged pay equity analyses.

Guy advises federal government contractors and subcontractors all aspects of Office of Federal Contract Compliance Programs (OFCCP) regulations and requirements, including preparing affirmative action plans, responding to desk audits, and managing on-site audits.

Guy is a former clerk to Judge Colleen Kollar-Kotelly of the US District Court of the District of Columbia.

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Photo of Olympia Karageorgiou Olympia Karageorgiou

Olympia Karageorgiou is an associate in the Labor Department and a member of the Employment Litigation & Arbitration Group.

During her time at Proskauer, Olympia has focused on a wide range of employment matters, including employment discrimination litigation, due diligence, and policies, handbooks…

Olympia Karageorgiou is an associate in the Labor Department and a member of the Employment Litigation & Arbitration Group.

During her time at Proskauer, Olympia has focused on a wide range of employment matters, including employment discrimination litigation, due diligence, and policies, handbooks and training, among others. Olympia has gained experience across a wide variety of industries including financial services, education, sports, and media and entertainment.

Olympia earned her J.D. from Yale Law School, where she was co-director of the Clinical Student Board and a member of the Reentry Clinic. While at Yale, she was also Academic Development co-chair of the Yale Black Law Students Association and served as a director of the Rebellious Lawyering Conference.

Prior to law school, Olympia was an AmeriCorps member in Dallas, Texas, focusing on issues related to education and social equity.

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