On July 29, 2021, President Biden announced that “to help protect workers and their communities,” all employees of federal contractors working onsite at government facilities will be asked to “attest to their vaccination status.”  Those who do not attest to being fully vaccinated will be required to:  (1) wear a mask on the job; (2) physically distance from all other employees and visitors; (3) comply with a weekly or twice weekly testing requirement; and (4) be subject to restrictions on official travel.

Although the directive specifically applies to onsite contractors, all government contractors should take note of this development, as President Biden is instructing his team to apply these standards to “all federal contractors,” and stated that contractors wanting to do business with the federal government must “get [their] workers vaccinated.”

President Biden’s announcement comes on the heels of the CDC’s recent recommendation that both vaccinated and unvaccinated individuals wear masks in parts of the country where the rate of transmission of COVID-19 cases is substantial or high.  With vaccination rates decreasing and transmission rates of COVID-19 increasing, President Biden called on Americans to get vaccinated – if they haven’t been already – and is using the federal government’s authority over federal contractors to create conditions he hopes will encourage their workforces to get vaccinated.

In the wake of President Biden’s announcement, government contractors with onsite employees should take measures to ensure compliance with President Biden’s directive, and all government contractors should continue to monitor developments, as it appears they will soon be required to apply the same standards to all employees.

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Proskauer’s cross-disciplinary, cross-jurisdictional Coronavirus Response Team is focused on supporting and addressing client concerns. Visit our Coronavirus Resource Center for guidance on risk management measures, practical steps businesses can take and resources to help manage ongoing operations.

Photo of Guy Brenner Guy Brenner

Guy Brenner is a partner in the Labor & Employment Law Department and leads the Firm’s Washington, D.C. Labor & Employment practice. He is head of the Government Contractor Compliance Group and is co-head of the Non-Compete & Trade Secrets Group. He has…

Guy Brenner is a partner in the Labor & Employment Law Department and leads the Firm’s Washington, D.C. Labor & Employment practice. He is head of the Government Contractor Compliance Group and is co-head of the Non-Compete & Trade Secrets Group. He has extensive experience representing employers in both single-plaintiff and class action matters, as well as in arbitration proceedings. He also regularly assists federal government contractors with the many special employment-related compliance challenges they face.

Guy represents employers in all aspects of employment and labor litigation and counseling, with an emphasis on non-compete and trade secrets issues, medical and disability leave matters, employee/independent contractor classification issues, and the investigation and litigation of whistleblower claims. He assists employers in negotiating and drafting executive agreements and employee mobility agreements, including non-competition, non-solicit and non-disclosure agreements, and also conducts and supervises internal investigations. He also regularly advises clients on pay equity matters, including privileged pay equity analyses.

Guy advises federal government contractors and subcontractors all aspects of Office of Federal Contract Compliance Programs (OFCCP) regulations and requirements, including preparing affirmative action plans, responding to desk audits, and managing on-site audits.

Photo of Abigail Rosenblum Abigail Rosenblum

Abigail Rosenblum is an associate in the Labor & Employment Law Department and a member of the Employment Litigation & Arbitration Group.

Abigail earned her J.D. from the University of Pennsylvania Law School, where she also completed a certificate program in business management…

Abigail Rosenblum is an associate in the Labor & Employment Law Department and a member of the Employment Litigation & Arbitration Group.

Abigail earned her J.D. from the University of Pennsylvania Law School, where she also completed a certificate program in business management at The Wharton School and served as a Senior Editor of the Journal of International Law. During law school, she interned for the Honorable Eduardo C. Robreno of the Eastern District of Pennsylvania.

Prior to law school, Abigail worked in management at an industrial supply company, doing internal consultant work.