“Key to NYC”: New York City Announces Vaccine Mandate Guidance

Anthony A. Mingione

New York City has issued the much-awaited guidance on its private-sector vaccine mandate. The mandate, which is scheduled to take effect on December 27, 2021, will apply to roughly 184,000 businesses in the City. There are several key takeaways from the guidance and accompanying FAQs.

Which Businesses Are Covered?

Any business that maintains or operates a workplace in New York City is covered. A “workplace” is any place where work is performed in the presence of another worker, or a member of the public.

What Must Employers Do to Comply?

Subject to the accommodation process described below, by December 27, 2021, employers must collect acceptable proof of at least one dose of COVID-19 vaccination from all individuals who perform services at New York City workplaces operated by the employer. This includes on-site independent contractors and nonresidents who work at New York City workplaces. (Workers who show proof of a first shot of a two-shot vaccine need to get their second dose within 45 days.)

The forms of acceptable proof have not changed. They include: a CDC COVID-19 vaccination record card or other official immunization record, New York City COVID Safe App showing a vaccination record, a New York State Excelsior Pass/Excelsior Pass Plus, or a CLEAR Health Pass. Accordingly, employers do not need to collect additional information from employees who have already provided proof of vaccination.

Continue reading ““Key to NYC”: New York City Announces Vaccine Mandate Guidance”

Moving the Needle: New York City to Mandate COVID Vaccines at All Private Employers

Anthony A. Mingione

Outgoing New York City Mayor Bill de Blasio announced the country’s first vaccine mandate to apply to all private-sector workers. The mandate, which is scheduled to take effect on December 27, 2021, would apply to roughly 184,000 businesses in the City.

Acceptable proof of vaccination will include a CDC-issued vaccination card, the New York State Excelsior Pass, the Clear Health Pass, and the NYC COVID Safe App.

The City plans to issue enforcement guidance on December 15, 2021. The guidance is expected to include provisions for reasonable accommodations for religious and medical exemption requests. The announcement also includes a pledge of additional resources to support small businesses with implementation, though what will qualify as a “small business” or what those resources will be remains to be seen.

Continue reading “Moving the Needle: New York City to Mandate COVID Vaccines at All Private Employers”
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