California Labor &
Employment Law Blog
Nationwide Injunction Against Federal Contractor Vaccine Mandate
Dec 7, 2021

Nationwide Injunction Against Federal Contractor Vaccine Mandate


Yesterday, the United States District Court for the Southern District of Georgia issued a nationwide injunction against the enforcement of Executive Order (EO) 14042’s mandate that had ordered federal contractors and subcontractors to require COVID-19 vaccine for most of their employees. 

This lawsuit commenced on October 29, 2021 and the original plaintiffs, seven states, governors, and agencies sought injunctive relief shortly thereafter.  Later, the Associated Builders and Contractors, Inc. (ABC), a national membership and with its members having been awarded 57% of federal contracts between 2009 and 2020, sought permission to intervene in the case.

The Court concluded that ABC was entitled to intervene and concluded that absent a nationwide ban on the mandate that a limited order would be confusing and unwieldy, especially for ABC’s national members.  

The Court concluded that the Executive Order 14042 is likely beyond the scope of authority issued by Congress under the Procurement Act, but left constitutional challenges to the EO undecided.  An appeal will likely follow to the Eleventh Circuit Court of Appeals.  This follows the recent Circuit court decision to enjoin enforcement of the Federal Vaccine mandate under OSHA’s ETS as outlined in “Federal Vaccine Mandate Will Remain On Hold For Foreseeable Future - Next Stop Supreme Court?” click here.

Employers who are federal contractors and subcontractors and were in the process of meeting the dates for compliance with EO 14042 are relieved from that obligation.  Such employers, therefore, should consult with their favorite CDF lawyer about the status of any COVID-19 vaccine policies that they have implemented in light of EO 14042 and next steps that they may wish to consider.  


About CDF

For over 25 years, CDF has distinguished itself as one of the top employment, labor and immigration firms in California, representing employers in single-plaintiff and class action lawsuits and advising employers on related legal compliance and risk avoidance. We cover the state, with five locations from Sacramento to San Diego.

> visit primary site

About the Editor in Chief

Sacramento Office Managing Partner and Chair of CDF’s Traditional Labor Law Practice Group. Mark has been practicing labor and employment law in California for thirty years. His practice has a special emphasis on the representation of California employers in union-management relations and handling federal and state court litigation and administrative matters triggered by all types of employment-related disputes. He is also adept at providing creative and practical legal advice to help minimize the risks inherent in employing workers in California. He recently named “Sacramento Lawyer of the Year” in Employment Law-Management for 2021 by Best Lawyers®.
> Full Bio   > Email   Call 916.361.0991

CDF Labor Law LLP © 2023

Editorial Board About CDF What We Do Contact Us Attorney Advertising Disclaimer Privacy Policy Cookie Policy