Two Federal courts have issued temporary injunctions that impact the implementation and enforcement of the federal vaccine mandates. These injunctions only impact certain healthcare workers and federal contractors in a limited number of states. Due to the uncertainty of the preliminary injunctions, employers who may be impacted by these injunctions should consult with their legal counsel to ensure they stay in compliance.
On November 29, 2021, a federal judge in Missouri issued a preliminary injunction in 10 states that blocks the implementation and enforcement of the federal vaccine mandate for certain staff at healthcare providers participating in Medicare and Medicaid.
- New Hampshire
- North Dakota
- South Dakota
UPDATE: On December 7, 2021, a preliminary injunction was granted that places a temporary stay on the vaccine mandate for federal contractors and subcontractors "in any state or territory of the United States of America. The case was initially brought by Georgia, Alabama, Idaho, Kansas, South Carolina, Utah, and West Virginia but the US District for the Southern District in Georgia extended the injunction nationwide in Georgia v. Biden.
On November 30, 2021, a federal judge in Kentucky issued a preliminary injunction limiting enforcement of the federally mandated vaccine for some federal contractors and subcontractors in 3 states.
Employers with employees in the impacted states that fall under the federal vaccine mandates should consult with their legal counsel on the next steps given the wording issued in the individual preliminary injunctions.