September 28, 2022

Volume XII, Number 271

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New York City to End Private Employee COVID-19 Vaccine Mandate

New York City Mayor Eric Adams has announced that the City’s private employee COVID-19 vaccine mandate will be lifted effective November 1, 2022.

As we previously reported, the NYC mandate requires all private workers in New York City who perform in-person work or interact with the public to show proof they have received at least their primary series of COVID-19 vaccination.  Employees who fail to provide such proof are required to be excluded from the workplace unless they submit a request for accommodation on the basis of disability, religious belief, or other covered reason under NYC law.

With the lifting of the mandate on November 1, NYC employers now will be able to decide whether to continue to maintain a vaccination requirement for their employees or relax such requirements.  Presently, no other U.S. state or major city requires all private employees to be vaccinated against COVID-19 in order to be present in the workplace.  Other states, such as TennesseeTexas, and Florida, have enacted laws limiting employers’ ability to enforce vaccine mandates in the workplace.  Additionally, as of today (September 20, 2022), the federal government continues to take the position that it is not enforcing the previously-enacted federal contractor and subcontractor COVID-19 vaccine mandate in any US state or territory.

© 2022 Proskauer Rose LLP. National Law Review, Volume XII, Number 263
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About this Author

Evandro Gigante Labor and Employment Lawyer Proskauer Rose Law FIrm
Partner

Evandro Gigante is a partner in the Labor & Employment Law Department and co-head of the Employment Litigation & Arbitration group and the Hiring & Terminations group. He represents clients through a variety of labor and employment matters, including allegations of sexual harassment, race, gender, national origin, disability and religious discrimination. Evandro also counsels employers through reductions-in-force, employee relations issues and other sensitive employment matters.

With a focus on discrimination and harassment claims,...

212.969.3132
Laura M. Fant, Labor & Employment Attorney, Proskauer Law Firm
Associate

Laura M. Fant is an Associate in the Labor & Employment Department, resident in the New York office. She is a member of the Accessibility and Accommodations Practice Group, and frequently counsels on matters involving the Americans with Disabilities Act (ADA) and state public accommodation law, as well as disability accommodation in the workplace. She has experience conducting accessibility audits and providing ADA and accessibility training for clients in a variety of sectors, including retail, sports, and not-for-profit. Her practice also focuses on wage and hour...

212-969-3631
Arielle Kobetz, Proskauer Law Firm, Labor and Employment Attorney
Associate

Arielle Kobetz is an associate in the Labor & Employment Law Department. She assists employers in a wide range of areas, including discrimination, wage and hour, and traditional labor.

Prior to joining Proskauer, Arielle served as a law clerk at the New York City Human Resources Administration, Employment Law Unit, where she worked on a variety of employment discrimination and internal employee disciplinary issues. 

212-969-3304
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