New York City Will Lift Private-Sector Workplace Vaccination Requirement as of November 1, 2022

September 21, 2022

On September 20, 2022, Mayor Eric Adams announced that the private-sector workplace vaccination requirement will be lifted as of November 1, 2022.

As discussed in our prior alert, the private-sector workplace vaccination requirement was put in place by former Mayor Bill de Blasio, and went into effect December 27, 2021. The requirement mandated that subject to limited reasonable accommodations, all New York City private sector workers who work in-person with others or interact with the public in the course of business must show proof of being vaccinated against COVID-19.

By his announcement yesterday morning, while noting that the private sector vaccine mandate will soon be optional, Mayor Adams encouraged private businesses to put in place their own vaccine policies, and to continue to encourage employees to get their vaccines and booster shots.

Mayor Adams also announced that the city is lifting the requirement that students be vaccinated to participate in sports and other extracurricular activities. New York City, however, will continue implementation of the city worker vaccination mandate for its own employees.

In light of this development, employers should re-evaluate current vaccine policies (including those in handbooks, manuals, and job postings) to take this change into account, with an effective date of November 1, 2022, while continuing to enforce the private-sector workplace vaccination requirement until then.

This is an ongoing development, and we are continuing to monitor developments applicable to New York employers.

Video of Mayor Adams’ announcement is available here: Mayor Adams Launches COVID-19 Booster Campaign, Announces Additional Flexibility For NYC Businesses | City of New York.

Guidance on NYC’s Private Workplace Vaccination Requirement is available here: COVID-19: Vaccination Workplace Requirement - NYC Health.

For more information on this issue or other employment matters, please contact:

Carol M. Goodman at +1 212 592 1465 or [email protected]
Pamela A. Frederick at +1 212 592 1591 or [email protected]
Meaghan Roe at +1 212 592 1632 or [email protected]
Basil C. Sitaras at +1 212 592 1572 or [email protected]

© 2022 Herrick, Feinstein LLP. This alert is provided by Herrick, Feinstein LLP to keep its clients and other interested parties informed of current legal developments that may affect or otherwise be of interest to them. The information is not intended as legal advice or legal opinion and should not be construed as such.