Notwithstanding the difficulties the Biden Department of Labor is currently having with the Emergency Temporary Standard (ETS) relating employers with 100 or more employees as outlined above, those businesses operating as federal contractors are still subject to the vaccine Executive Order signed back on September 9 by President Biden and known as the “Federal Contractor Rule”.  It will be fully in effect as of January 4, 2022 and does not allow for testing in lieu of vaccination back in September. Federal contractors – and their subcontractors as well – must require documentation from employees to prove vaccination, even if an employee has previously attested to their vaccination status and for purposes of complying with the Executive Order, employees who have received the second dose by January 4 will meet the “fully vaccinated” requirement.  Although challenges to the Federal Contractor Rule are still pending in the courts, the court’s stay against the OSHA ETS has no bearing on the implementation of the federal contractor rule.