Employment Law Alerts

December 16th, 2021

Update on NYC Private Sector Vaccine Mandate

By way of reminder, on December 6, the City of New York announced a vaccine mandate for all private sector employers, effective December 27, 2021 (the “Order”). Further guidance on the Order was issued December 15 - this is what all NYC employers need to know.  

Who must be vaccinated? The vaccine requirement applies to all workers in NYC who perform in-person work or interact with the public in the course of business. While remote workers are not included in the mandate, the “workplace” does include any location – including vehicles – where a worker is working in the presence of at least one person. 

What does the Order require? By December 27, 2021, workers must show proof that they have received at least one dose of a COVID-19 vaccine. They will then have 45 days to show proof of their second dose (for Pfizer and Moderna vaccines). NYC businesses, for their part, must exclude from the workplace any worker who has not provided such proof, unless an exception due to a religious or medical accommodation applies, or a worker only ever enters the workplace for quick and limited purposes (such as to make a delivery or to use the restroom). 

What documents should businesses review and maintain? Businesses should review one of the following; CDC vaccination card, NYC vaccination record, NYC COVID Safe App, CLEAR Health Pass or Excelsior Pass/Plus. Businesses may either copy/photograph the documentation, or create their own paper or electronic record including for each worker: 1) the worker’s name, 2) whether the worker is fully vaccinated, and 3) for a worker who submits proof of a first dose of a two-dose vaccine, the date the second dose will be provided, which must be no later than 45 days from the date that proof of the first dose was submitted. For workers provided with a reasonable accommodation, businesses should maintain a record that an accommodation was granted, along with the basis and any supporting documents provided by the worker. For contractors, businesses may instead request that the contractor or contractor’s employer confirm that the contractor is vaccinated and maintain a record of the request and confirmation.

Are there any other requirements? All employers are required to sign a one-page attestation created by the Department of Health and Mental Hygiene (www.nyc.gov/vaxtowork) affirming compliance with the order, and must also post the attestation in a conspicuous location in the business by December 27, 2021.

If you have questions about the emergency temporary standard, please contact, Wendy Stryker at (212) 705-4838 or wstryker@fkks.com, Jesse Klinger at (212) 826-5574 or jklinger@fkks.com or any other member of the Frankfurt Kurnit Employment Compliance, Training & Litigation Group.