On December 6, 2021, Mayor Bill de Blasio announced that, effective December 27, all private sector employers in New York City will be required to ensure that their employees are vaccinated against COVID-19. The Mayor called this step a "preemptive strike" to protect against new variants of COVID-19 and reduce transmission during the winter months.
As of this writing, few details about the mandate have been made available. The Mayor has said that employees will need only to have received the first dose of a vaccine by December 27. In other comments, the Mayor suggested that there will be no option for an employee to provide proof of a recent negative COVID test in lieu of proof of vaccination. The administration has not yet stated whether remote workers will be subject to the mandate, or explained how requests for exemptions due to religious beliefs or medical reasons will be handled. Nor has the City identified the possible consequences for failure to comply with the mandate.
The City's vaccination mandate, the first of its kind in the nation, would differ from the City's previous mandates, which are limited to public sector employees and/or those working in schools or healthcare settings. Those mandates have been embroiled in litigation, and the forthcoming mandate is likely to be subject to legal challenges as well.
In addition to the vaccine mandate, de Blasio announced that employers and businesses that are subject to the requirements of the Key to NYC vaccination program will be subject to new restrictions. The Key to NYC currently requires operators of indoor dining, fitness, and entertainment establishments to obtain proof of vaccination from patrons before they can enter. Under the new rules, children ages 5-11 will need proof of one dose of vaccination as well. This requirement will be imposed beginning December 14, 2021. As of December 27, those over age 12 will need to show proof of two doses of vaccination to enter these establishments (presumably except for those who received the Johnson & Johnson vaccine).
In his announcement, de Blasio said that more detailed guidance will be forthcoming on December 15, 2021. Seyfarth attorneys will be tracking developments closely and, as always, are available to provide assistance with compliance.
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