Unless in conflict with the US Constitution, State law typically overrides due to Tenth Amendment: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people."
Biden had a press conference stating there would be an executive order on government contractors requiring the jib jab by the new year... I have yet to find the executive order on the congress website. As far as I am concerned, there is no executive order that I am able to find or anyone else is able to find.
I do know that if there was an executive order, it would then become a federal law which supersedes state law.
It's not officially in any federal law. And even if it does, state law still overrides it. You are mistaken that federal law supersedes state law. That's what the 10th amendment is all about. Most people don't realize that the states have way more authority in this country.
As far as your question goes as to what has officially been released:
The "guidance" states it overrides state law, but that is in direct conflict with the 10th amendment which gives this authority to State Law.
It'll be challenged in the courts, but the problem is since its not technically law it can't be brought to court. It'll probably happen when the clauses come out and companies start suing the federal government.
how will this effect employers who are government contractors?
Unless in conflict with the US Constitution, State law typically overrides due to Tenth Amendment: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people."
Biden had a press conference stating there would be an executive order on government contractors requiring the jib jab by the new year... I have yet to find the executive order on the congress website. As far as I am concerned, there is no executive order that I am able to find or anyone else is able to find.
I do know that if there was an executive order, it would then become a federal law which supersedes state law.
Anyone help me out here?
It's not officially in any federal law. And even if it does, state law still overrides it. You are mistaken that federal law supersedes state law. That's what the 10th amendment is all about. Most people don't realize that the states have way more authority in this country.
As far as your question goes as to what has officially been released:
Biden gave an EO on Sep 9th. The EO states that there will be a task force established ("Safer Federal Workforce") that will work on establishing "guidance". It then directs federal agencies to put contractual language requiring the contractor to comply with the Safer Federal Workforce Guidance. The EO can be found: https://www.whitehouse.gov/briefing-room/presidential-actions/2021/09/09/executive-order-on-ensuring-adequate-covid-safety-protocols-for-federal-contractors/
Safer Federal Workforce Guidance put out guidance basically saying all contractors needed to be fully vaccinated by Dec 8th: https://www.saferfederalworkforce.gov/downloads/Draft%20contractor%20guidance%20doc_20210922.pdf
The "guidance" states it overrides state law, but that is in direct conflict with the 10th amendment which gives this authority to State Law.
It'll be challenged in the courts, but the problem is since its not technically law it can't be brought to court. It'll probably happen when the clauses come out and companies start suing the federal government.
Thank you my fine sir. I am bringing this up with upper management this evening during a meeting. God bless you.
Good question that I'd also love to know please and thank you.