MPL General Counsel Corner – Employer Vaccination Mandates – C’mon, do we have to?
Over the last several weeks, many of our clients with 100+ employees or those that do business with the Federal Government have been asking about the vaccination mandates. One of the most common issues is the very real fear that 20-30% of their workforce will walk out the door if they require a vaccine. Like anything, when these mandates come down, the call volume increases from clients with questions about whether it applies to them. “C’mon, do we really have to abide by this mandate?” Well, I hate to say it, but the answer is probably yes if you fit into one of those categories.
Below are the latest updates from this Executive Order:
- 9/9/21 – Announced as an Executive Order by President Biden for Federal Contractors
- Guidance mandates that covered employees must be fully vaccinated unless entitled to an accommodation (disability, religious belief, practice or observance);
- Covered employees and visitors must follow CDC guidance for masking and physical distancing;
- On September 30, the FAR (Federal Acquisition Regulation) Council and other related Executive agencies published the Clause that will appear in all Federal contracts related to this mandate.
- The Clause is applicable according to the following Federal contracts:
- New contracts awarded on or after November 14, 2021, from solicitations issued before October 15, 2021 (this includes new orders awarded on or after November 14, 2021, from solicitations issued before October 15, 2021, under existing indefinite-delivery contracts);
- New solicitations issued on or after October 15, 2021, and contracts awarded pursuant to those solicitations (this includes new solicitations issued on or after October 15, 2021, for orders awarded pursuant to those solicitations under existing indefinite-delivery contracts);
- Extensions or renewals of existing contracts and orders awarded on or after October 15, 2021; and
- Options on existing contracts and orders exercised on or after October 15, 2021.
- On December 8, all covered employees are mandated to be fully vaccinated
- Below are some helpful articles for review
- COVID-19 Vaccine Requirements Will Apply to Broad Swath of Federal Contractors and Their Employees – National Law Review
- Unanswered vaccine mandate questions remain for contractors after FAR Council rule – The Federal News Network
- Questions submitted by the Coalition for Government Procurement
- Guide to Federal Contractor Obligations under Recent Covid-19 Executive Orders – Littler
- 9/9/21 – President Biden also announced a mandate that businesses with 100 or more employees will be required that employees get vaccinated or submit to weekly testing.
- Clarity around this order is still forthcoming from OSHA. Below are some helpful articles
Here are a few other things that may be of interest:
- EisnerAmper’s 6th Annual Alernative Investment Summit (October 7)
- Helpful Coronavirus Resource Pages
As always, please don’t hesitate to email myself (email@example.com), Andy Miller (firstname.lastname@example.org), Christian Miller (email@example.com), Erik Spurlin (firstname.lastname@example.org) or anyone in our office with questions or comments.