On February 4, the Fifth Circuit Court overturned a September 2023 order from a Texas trial court finding President Biden lacked the authority under the Federal Property and Administrative Services Act (FPASA or Act) to...more
The Biden-era effort to raise the minimum wage for employees of federal contractors will not, for now, get a final say by the Supreme Court of the United States. Rather, legal challenges will continue to muddy the issue...more
On February 4, in Texas v. President Trump & Department of Labor, a Fifth Circuit panel reversed a permanent injunction issued by the U.S. District Court for the Southern District of Texas. The injunction prohibited the...more
Employers with Federal contracts have experienced unique challenges in the past few years—from navigating the Federal contractor vaccine mandate to new rules related to sick leave and time off. One of the most significant...more
On April 30, the U.S. Court of Appeals for the Tenth Circuit affirmed a lower court’s ruling denying a bid from two outdoor recreation companies asking for a preliminary injunction on a 2021 Department of Labor (DOL) rule...more
On April 19, the U.S. Court of Appeals for the Ninth Circuit reversed a permanent injunction that had enjoined President Biden’s “Contractor Vaccine Mandate,” taking an expansive view of presidential authority under the...more
As we have discussed at length on this blog, for more than a year federal courts have repeatedly held that, for various reasons, President Biden lacked the authority to mandate by executive order that government contractors...more
Federal contractors are all too familiar with having new requirements imposed through executive orders, which often direct the creation of new Federal Acquisition Regulation (FAR) clauses to be inserted into government...more
On August 26, 2022, the U.S. Court of Appeals for the Eleventh Circuit narrowed the scope of a nationwide injunction that had barred enforcement of President Joe Biden’s COVID-19 federal contractor vaccine mandate. In...more
Once again the President has invoked the Federal Property and Administrative Services Act as the authority for an Executive Order “to promote economy and efficiency.” In his latest Executive Order (EO) issued on Friday,...more
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...more
The saga continues. In prior alerts, we have been providing updates and analysis regarding continuing practical and legal challenges to implementing the President’s Path Out of the Pandemic plan, and in particular, the...more
Keeping track of a dizzying number of injunctions and stays by multiple federal district courts and courts of appeal involving three separate federal COVID-19 vaccination mandates with a couple exceptions is no small task....more
Executive Order 14042 (the “EO”) and the implementing FAR clause and Safer Workforce Task Force (SWTF) Guidance – which mandate that government contractors and their subcontractors be vaccinated absent a legal exception – has...more
U.S. District Court Judge R. Stan Baker of the Southern District of Georgia on Dec. 7, 2021, issued a preliminary injunction, halting the government's enforcement of the federal contractor vaccine mandate on all federal...more
On December 6, we noted on this blog post that because the injunction issued by the District Court for the Eastern District of Kentucky on November 30 prohibiting the government from enforcing the government contractor...more
In the ever-shifting landscape surrounding the landlord (and contractor) vaccine mandate, a federal judge has ruled against the federal government and issued a preliminary injunction that prohibits enforcement of the vaccine...more
On November 30, 2021, the U.S. District Court for the Eastern District of Kentucky issued an order granting a preliminary injunction to block the enforcement of the vaccine mandate for federal contractors and subcontractors...more
WHAT: Florida has filed suit against the Government, seeking declaratory, preliminary, and permanent injunctive relief against the Government’s federal contractor vaccine mandate. This is a topic we have followed closely and...more