November 30, 2022

Volume XII, Number 334

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NYC to End Private-Sector Vaccine Mandate on November 1, 2022

On September 20, 2022, New York City Mayor Eric Adams announced that New York City’s COVID-19 vaccine mandate for private employers will end on November 1, 2022. The vaccine mandate for public employees will remain in effect until further notice.

IN DEPTH

Since December 27, 2021, New York City has required all private employers within the five boroughs to collect proof of vaccination from their employees. With just a handful of exceptions (such as remote workers, or those requiring medical or religious accommodations), unvaccinated employees have been prohibited from in-person work within the five boroughs. The vaccine mandate required employers to convince their employees to get vaccinated. For those employees who refused to be vaccinated and did not otherwise qualify for an exception, employers were often compelled to lay off employees.

The Mayor’s September 20 announcement also included a strong encouragement for employers to implement their own policies that encourage or mandate COVID-19 vaccination, even in the absence of a government mandate, confirming that employers may still choose to require vaccination as a condition of in-person and remote employment, subject to exemptions for employees requiring medical or religious accommodations.

NEXT STEPS

Private employers in New York City should plan to revise their vaccination policies to remove references to the City’s mandate. Employers should also consider updating other health and safety policies in light of the approaching cold and flu season to provide additional protections in the event of another COVID-19 surge.

© 2022 McDermott Will & EmeryNational Law Review, Volume XII, Number 266
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About this Author

Abigail M. Kagan Employment Attorney McDermott Will & Emery New York, NY
Associate

Abigail M. Kagan focuses her practice on employment law, with particular experience in conducting transactional due diligence, defending single-plaintiff, class and collective actions, second-chairing labor negotiations, and drafting personnel policies and other employment documents. She has advised clients on EEO concerns, the gig economy, data privacy, leaves of absence, reductions in force, wage and hour audits, unemployment insurance, short-term disability, restrictive covenants, and NLRA application to non-union members.

Abigail has conducted internal investigations and...

212 5475672
Lindsay Ditlow Employment Attorney McDermott Will & Emery New York, NY
Partner

Lindsay Ditlow is experienced in all aspects of employment law, including litigation, counselling, and corporate transactions.

As a trial lawyer, Lindsay has successfully represented numerous clients in employment litigations, including cases involving claims under Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Fair Credit Reporting Act, the Family Medical Leave Act and state leave laws, the Inevitable Disclosure Doctrine, state discrimination and retaliation statutes, the Fair Labor Standards Act, and state wage and hour laws.

...

212-547-5425
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