New York City Mayor Bill de Blasio announced Dec. 6 that the city will require COVID-19 vaccinations for all employees in the city’s private sector effective Dec. 27, 2021. According to the mayor’s office, this mandate will apply to roughly 184,000 businesses. All private-sector employees will be required to have received at least one dose of a vaccine by that date. The requirement will not be limited to businesses in certain industries or based on company size. The mandate will take effect four days prior to the mayor leaving office; effective Jan. 1, 2022, Eric Adams will replace de Blasio as mayor. The mayor’s office further announced that on Dec. 15 the city will issue additional enforcement and reasonable accommodation guidance. A vaccine mandate already applies to individuals employed by the city.

Mayor de Blasio’s new Executive Order will significantly expand the current “Key to NYC” vaccine mandate imposed in August that required patrons over the age of 12 and employees of indoor dining, indoor fitness, and indoor entertainment and performances to provide proof of one dose of COVID-19 vaccination. Beginning Dec. 14, children between the ages of five and 11 must show proof of at least one dose of the COVID-19 vaccine to enter these establishments. And, as of Dec. 27, all patrons over the age of 12 and all employees working at these venues must show evidence of having received two doses of the Pfizer or Moderna vaccine (the requirement for one dose of the Johnson & Johnson vaccine remains the same). Mayor de Blasio, however, has not required these persons to be “fully vaccinated” as defined by the CDC; thus, the patron or employee may enter these businesses without waiting for two weeks from receiving his or her last vaccine dose. There remains no exception to this vaccination mandate, such as having the option to provide a negative COVID-19 test.

The mayor has expressed confidence that the new and expanded mandates will survive any legal challenges.

The New York City vaccine mandates do not prevent employers from imposing stronger requirements. A private-sector employer, restaurant, or entertainment venue may continue to require patrons or employees to be “fully vaccinated” even if not mandated to do so by the mayor’s Executive Orders.

For more information and updates on the developing situation, visit GT’s Health Emergency Preparedness Task Force: Coronavirus Disease 2019 and Business Continuity Amid COVID-19 page.

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Photo of Jerrold Goldberg Jerrold Goldberg

Jerrold F. Goldberg Co-Chairs the firm’s Labor & Employment Practice’s Labor-Management Relations group. He has been practicing in virtually all aspects of labor and employment law since 1979, including the traditional labor/union-management area, employment discrimination, executive employment, severance agreements and wage and hour…

Jerrold F. Goldberg Co-Chairs the firm’s Labor & Employment Practice’s Labor-Management Relations group. He has been practicing in virtually all aspects of labor and employment law since 1979, including the traditional labor/union-management area, employment discrimination, executive employment, severance agreements and wage and hour laws. Jerry exclusively represents management clients primarily in the real estate and hospitality industries in transactional matters, including commercial and residential building and hotel sales and purchases, administrative compliance, such as 421-a prevailing wage issues, and lease, property management and concessionaire relationships, as well as all aspects of labor and employment litigation. This includes traditional labor litigation, such as union management arbitration, N.L.R.B. representation and unfair labor practice proceedings, and strike and picketing injunctive actions, wage and hour litigation involving misclassification, overtime and service charge/gratuity issues, and employment discrimination and restrictive covenant litigation in federal and state courts and administrative agencies.

Photo of Jonathan L. Bing Jonathan L. Bing

Jonathan L. Bing is an experienced advocate who advises corporate, association and nonprofit clients in the entertainment, financial services, health care, hospitality, transportation, real estate, and social services industries. He helps clients advance legislation in the New York State Legislature and New York…

Jonathan L. Bing is an experienced advocate who advises corporate, association and nonprofit clients in the entertainment, financial services, health care, hospitality, transportation, real estate, and social services industries. He helps clients advance legislation in the New York State Legislature and New York City Council, secure funding from state and city budgets, and navigate New York government.

Jonathan represents a wide range of clients, including the second-largest hospital system in New York City, “Big Four” national accounting and advertising companies, and the 700-member national trade association for the Broadway and live entertainment industry. He also advocates for a variety of nonprofits, including the largest provider of services for domestic violence victims in New York State; one of the leading alcohol and drug treatment programs in NYC; and the organization that created the first senior center in the nation dedicated to technology.