In another decision issued on Friday, December 17, the 11th Circuit Court of Appeals continued the preliminary injunction of the vaccine mandate for federal contractors. The Court found the government failed to establish that it will be irreparably injured absent a stay of the preliminary injunction - the most critical factor to prove, according to the Court. As such, the preliminary injunction will remain in effect while the government’s appeal is litigated. This is in effect nationally.
The government’s appeal of the preliminary injunction has now been expedited and is set for the next available oral argument. Even with this expedited schedule, the final brief is not scheduled to be filed until after the January 4, 2022 compliance deadline. As such, even if this mandate survives litigation, all compliance deadlines will need to be adjusted at such time. Covered employers are encouraged to continue behind-the-scenes preparation as litigation continues to unfold.
Employers with an Employers Council Consulting or Enterprise membership and members who have not renewed under the new member model may also contact an Employers Council attorney to discuss their situation.
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