New York City Vaccine Mandate: Info for Private Employers

New York Mayor Bill de Blasio announced Dec. 6, 2021, that all private sector employees who work in New York City and interact other workers or the public must be vaccinated by Dec. 27, 2021.

The details of this mandate were released Dec. 15, 2021, in an order and in FAQs, which provide additional information on the requirements. Below are some highlights.

Who Must Be Vaccinated?

Private-sector employers in New York City with one or more workers must ensure that their employees who perform work in person in the city and/or interact with the public in New York as part of their job are vaccinated.

Proof of vaccination must be provided before they should be allowed into the workplace. Employers must exclude unvaccinated employees unless the employee is exempt based upon a reasonable accommodation for medical or religious reasons.

What is Considered Vaccinated?

Employees must have received at least the first shot of a two-dose vaccine by Dec. 27, 2021, in order to be in compliance.

In addition, any employee who has only one dose of a two-dose vaccine must provide proof that they received the second dose of the vaccine within 45 days. Any employee who fails to do so must be excluded from the workplace.

Recordkeeping Requirements

Employers need to maintain records of each employee’s proof of vaccination and all reasonable accommodations provided. The guidelines offer three different ways to do so:

1. Copy the employee’s proof of vaccination or a record of a reasonable accommodation with supporting documentation.
2. Employers can create their own paper or electronic record that includes the following information for each employee:
   1. Worker’s name
   2. Whether the worker is fully vaccinated
   3. For workers who submitted proof of the first dose of a two-dose vaccine, the date by which they can provide proof of a second dose (no later than 45 days after submitting proof of the first dose)
   4. Record of reasonable accommodation with supporting documentation
3. Employers may check each employee’s proof of vaccination before they enter the workplace each day. They must keep a record of each verification.

Posting Requirement

Employers must fill out and post an Affirmation of Compliance by Dec. 27, 2021, verifying their workplace is in compliance with the vaccine mandate requirements. The labor law posting is available on the city’s website.

Labor Law Poster Updates. Simplified.

Conclusion

The legal landscape of vaccine mandates is constantly evolving. And employers need to keep their attention on all the shifting requirements at city, county, state and federal levels.

Employers should review New York City’s order and the FAQs to ensure they are in compliance with the rules as soon as possible — the Dec. 27, 2021, deadline will be upon us quickly.

In addition to the order and the FAQs, New York provided a flyer with a checklist of the steps necessary to meet the compliance requirements.

This Employment Law News blog is intended for market awareness only, it is not to be used for legal advice or counsel.