Businesses with federal contracts are concerned about a forthcoming White House order requiring their employees to prove they are vaccinated against COVID-19 or regularly undergo testing if they work at government locations, according to Bloomberg Law.
Employers also are anticipating a broader mandate from President Biden as the Delta variant spreads and companies consider vaccine mandates. The order encourages private sector employers to follow the same model.
Federal contractors employ about 25% of the U.S. workforce, operating in many industries, including construction and manufacturing. Employment attorneys who advise federal contractors said Biden’s order divides workers into those who are onsite and those who are not, which can be challenging logistically.
Some federal contractors already require employee vaccinations. For those that do not require vaccination, proof of vaccination or additional COVID-19 testing, attorneys say it will be challenging to keep track of employees who work at government sites.
“I think it’s easier if you have contractors who are routinely going onsite to a federal property, but what if it’s not regularly scheduled?” said Laura Mitchell, a principal in Jackson Lewis P.C.’s Denver office, where she consults employers.
Regular testing can add complexity as questions arise regarding where they are being tested and who is doing the testing.
Some attorneys anticipate an executive order that fully mandates vaccinations for all federal contractors.
“There are many open questions about whether the administration can, and how it would, impose such a requirement on federal contractors,” said Mickey Silberman, an attorney who also represents federal contractors in employment matters. “So it is advisable for a contractor to make employee vaccine decisions that are best for their organization, rather than in anticipation of a possible legal requirement imposed by the administration.”
