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Volume XII, Number 280


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No Vax? No Problem. NYC’s COVID-19 Vaccine Mandate for Private Employers Will End as of November 1st, 2022

On September 20, 2022, Mayor Eric Adams announced that New York City’s COVID-19 vaccine mandate for private employers is ending.  The City’s mandate for municipal employees, however, will remain in effect.

The private employer mandate, which will be lifted as of November 1, 2022, was the first of its kind for any municipality in the nation when it went into effect on December 27, 2021.  With its broad definitions of “covered entity” and “covered worker,” the mandate has required private employers in New York City to ensure that, subject to reasonable accommodations, all covered workers are vaccinated against COVID-19 before they enter the workplace.  The mandate also imposed recordkeeping and posting requirements on private employers.

While the mandate will soon end, New York City private employers are still permitted to voluntarily adopt COVID-19 vaccine mandates that are compliant with federal, New York State, and New York City laws, something the City “continues to strongly urge” private employers to do, according to the Mayor’s Office.

We are continuing to monitor this development, as little written guidance has yet been issued.  In the meantime, given these announced changes, New York City employers should:

  • Assess their current policies and practices with respect to vaccination requirements for employees. Provided they are not subject to another vaccine mandate, employers should consider if and how they want to modify or remove vaccine requirements for in-person work as of November 1st.

  • Develop a process for evaluating whether, and if so, how to return employees who have been out of the workplace, because of the private employer mandate.

  • Be prepared to assess potential accommodation requests from employees, who have a high risk of contracting or having a severe reaction to COVID-19 and are concerned about interacting with unvaccinated workers after November 1st.

  • Consider whether this change, as well as similar pronouncements from Governor Hochul, suggest other workplace changes, including loosening of health and safety protocols in the workplace.

  • Continue to maintain relevant records demonstrating past compliance with the private employer mandate.

©2022 Epstein Becker & Green, P.C. All rights reserved.National Law Review, Volume XII, Number 265

About this Author

Susan Gross Sholinsky, Labor Employment Attorney, Epstein Becker Green Law Firm
Member of the Firm

SUSAN GROSS SHOLINSKY is a Member of the Firm in the Labor and Employment practice, in the New York office of Epstein Becker Green. She counsels clients on a variety of matters, in a practical and straightforward manner, with an eye toward reducing the possibility of employment-related claims. In 2013, Ms. Sholinsky was named to theNew York Metro Rising Stars list in the area of Employment & Labor.

Steven M. Swirsky labor employment lawyer health care and life sciences attorney
Member of the Firm

STEVEN M. SWIRSKY is a Member of the Firm in the Labor and Employment and Health Care and Life Sciences practices, in the firm's New York office. He regularly represents employers in a wide range of industries, including retail, health care, manufacturing, banking and financial services, manufacturing, transportation and distribution, electronics and publishing. He frequently advises and represents United States subsidiaries and branches of Asian, European and other foreign-based companies.

Mr. Swirsky:

  • Advises employers on a full range of labor and...
Lauri F. Rasnick, epstein becker green, new york, labor, employment

LAURI F. RASNICK is a Member of the Firm in the Labor and Employment practice in the firm's New York office.

Ms. Rasnick has significant experience representing employers in labor and employment matters. She regularly advises clients in many aspects of the employment relationship, including avoidance of litigation, employee terminations, disability and religious accommodation issues, wage and hour compliance, internal investigations, labor relations, and compliance with federal, state and local statutes. Ms. Rasnick frequently...

Nancy Gunzenhauser Popper Labor Employment Attorney Epstein Becker Law Firm
Member of the Firm

NANCY GUNZENHAUSER POPPER is a Member of the Firm in the Employment, Labor & Workforce Management practice, in the New York office of Epstein Becker Green.

Ms. Popper:

  • Counsels clients on compliance with EEO laws, the Americans with Disabilities Act, the Family and Medical Leave Act, worker classification issues, and other federal, state, and local statutes governing the workplace

  • Advises employers in all facets of the employment relationship, from pre-employment considerations and hiring to terminations and post-employment...