December 5, 2022

Volume XII, Number 339


December 02, 2022

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New York City Private Employer Vaccination Mandate Remains, but Exemptions Expanded for Athletes and Performing Artists

On March 24, 2022, New York City Mayor Eric Adams signed Emergency Executive Order No. 62, which expands an exemption to New York’s vaccination order for private-sector workers to include athletes and performing artists who reside in New York City. The executive order takes effect immediately.

The private-sector vaccination order, dated December 13, 2021, applies to any private employer that operates in New York City or has more than one employee in New York City, and requires such businesses to verify that their employees are vaccinated against COVID-19. However, the order exempts nonresident athletes and performing artists who travel to New York City to play or perform. Under Emergency Executive Order 62, athletes and performers are now exempt from the requirement to provide proof of COVID-19 vaccination in order to compete or perform in New York City.

The remainder of New York City’s private-employer vaccination mandate will remain in effect.

Employers in New York City may wish to review the above requirements to ensure that their practices comply with the obligations articulated in the order. Employers may also want to stay updated as the private-sector vaccination order continues to evolve.

© 2022, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.National Law Review, Volume XII, Number 84

About this Author

Kelly Cardin Employment lawyer Ogletree Deakins.

Kelly M. Cardin is an associate in the Stamford office of Ogletree Deakins. Her practice focuses on representing employers in a wide range of disputes, including those involving discrimination and retaliation claims, wage and hour claims, wrongful discharge claims, and claims under the FMLA. Kelly also represents employers in class action lawsuits, often involving wage and hour issues. Additionally, she maintains a commercial litigation practice, representing companies in breach of contract and trade secret disputes, among others. Kelly has represented clients before the...

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Grant A. Follis New York Washington Labor Employment Law Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

*Currently licensed in Washington only.

Grant is a graduate of Harvard Law School, where he served as a project leader for the Harvard Law and Entrepreneurship project and a member of the Animal Law Society. During law school, Grant interned in New York City at the EEOC and the Department of Social Services. Grant earned his undergraduate degree at the University of Washington, where he majored in political economy and environmental economics.

Jessica Schild Employment Law Attorney at Ogletree Deakins law firm in New York

Jessica Schild is an associate in the New York City office where she represents management in all aspects of litigation, including class and collective wage and hour actions, discrimination and harassment litigation, as well as handling charges before federal, state, and local agencies.

Ms. Schild is a graduate of the Hofstra University School of Law where she served as Editor-in- Chief of the Hofstra Labor and Employment Law Journal. During law school, she was also a member of Hofstra Law’s Dispute Resolution Society and successfully competed in several external...