Federal Vaccine Mandate: Scorecard

By Brian D. Pedrow & Kyle I. Platt on January 26, 2022

The following dashboard provides an at-a-glance summary of the federal vaccine mandates and their current legal status. To learn more about each mandate, follow the links to HR Law Watch articles.

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Mandate	Requirements of Mandate	Current Status
Federal OSHA Emergency Temporary Standard (“ETS”)	Requires all covered employers to ensure that employees are fully vaccinated by January 4 or test weekly, among other requirements. HR Law Watch Links: 6th Circuit Wins OSHA ETS Lottery NLRB Outlines Employers’ Duty to Bargain Over Implementation of OSHA ETS Federal Vaccine Mandates Maze Can Trap Unwary Employer OSHA Unveils Vaccination or Testing Rule for Large, Private Employers Summary of OSHA ETS	Withdrawn by OSHA on January 26, 2022. See announcement.
Centers for Medicare & Medicaid Services (“CMS”) Requirements	Requires vaccinations for healthcare workers. HR Law Watch Links: Biden’s Vaccine Mandates For Federal Contractors and Health Care Workers Are Halted Federal Vaccine Mandates Maze Can Trap Unwary Employer Centers for Medicare & Medicaid Services Announce that Healthcare Staff Must Be Vaccinated by January 4	All injunctions lifted by Supreme Court on January 13, 2022. See Biden et al. v. Missouri, et al., No. 21A240, 21A241. (January 13, 2022). Enforcement will go into effect in all states on January 27, 2022.
Federal Contractor Executive Order	Requires vaccination for some employees of federal contractors. HR Law Watch Links: Biden’s Vaccine Mandates For Federal Contractors and Health Care Workers Are Halted Federal Contractor COVID-19 Vaccine Mandate Deadline Extended Federal Vaccine Mandates Maze Can Trap Unwary Employer	Enjoined nationwide as of December 7, 2021. See Georgia, et al. v. Biden et al., Docket No. 1:21-cv-163 (U.S. Dist. Ct., S.D. GA, Dec. 7, 2021). Injunction upheld by 11th Circuit on December 17, 2021. See Georgia, et al. v. Biden, et al., No. 21-14269 (11th Cir., December 17, 2021).
Federal Employee Executive Order	Requires vaccination for federal employees. See Federal Employee Executive Order See Guidance	Enjoined nationwide on January 21, 2022. See Feds for Medical Freedom, et al. v. Biden et al., No. 3:21-cv-356 (S.D. Tex. Jan. 21, 2022).

OSHA’s Healthcare ETS, which did not include a vaccination mandate, was withdrawn on December 27, 2021.