***UPDATE: New York City has issued further guidance regarding implementation of the private employer vaccine mandate.  Read more here.***

Mayor Bill de Blasio has announced that New York City will become the first major city in the United States to mandate COVID-19 vaccinations for private sector workers across industries. The mandate will take effect on December 27, 2021 and will apply to approximately 184,000 businesses.

According to the NYC Health website, starting December 27, all employees at private sector businesses must have received at least one dose of a COVID-19 vaccine.  This requirement will not be limited to businesses in certain industries or based on company size.  While further details are presently limited, the City is expected to issue additional enforcement and reasonable accommodation guidance by December 15, 2021, as well as provide additional resources to help small businesses with implementation.

In addition to the private sector vaccine mandate, the Mayor further announced expansions to the “Key to NYC Pass” program first implemented on August 17, 2021, which currently mandates workers and patrons ages 12 and over to show proof of having received at least one dose of a COVID-19 vaccine in order to have access to, or provide services within, indoor dining, indoor fitness, and indoor entertainment venues and performances.  Starting December 14, 2021, the program will require children ages 5-11 to show proof of at least one vaccination dose for access to such venues.  Further, starting December 27, 2021, children and adults ages 12 and older will be required to show proof of two vaccine doses, instead of one, except for those who have received the Johnson & Johnson one-dose vaccine.

We will continue to monitor and report on further developments with regard to these new requirements as they arise.

Photo of Evandro Gigante Evandro Gigante

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 and counsels clients through a variety of labor and employment matters, including allegations of…

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 and counsels clients through a variety of labor and employment matters, including allegations of race, gender, national origin, disability and religious discrimination, sexual harassment, wrongful discharge, defamation and breach of contract. Evandro also counsels employers through reductions-in-force and advises clients on restrictive covenant issues, such as confidentiality, non-compete and non-solicit agreements.

With a focus on discrimination and harassment matters, Evandro has extensive experience representing clients before federal and state courts. He has tried cases in court and before arbitrators and routinely represents clients before administrative agencies such as the Equal Employment Opportunity Commission, as well as state and local human rights commissions.

Photo of Laura Fant Laura Fant

As a special employment law counsel in the Labor & Employment Law Department and co-chair of the Disability, Accommodations & Leave Management Practice Group, Laura Fant frequently counsels on employee leave and accommodation matters involving the Americans with Disabilities Act, the Family and…

As a special employment law counsel in the Labor & Employment Law Department and co-chair of the Disability, Accommodations & Leave Management Practice Group, Laura Fant frequently counsels on employee leave and accommodation matters involving the Americans with Disabilities Act, the Family and Medical Leave Act and related state and local laws. She also provides general employment counseling and has experience reviewing and updating employee handbooks and company policies, as well as providing training on topics such as discrimination and harassment in the workplace, social media, and the accommodation of physical and mental disabilities. Laura is a frequent contributor to Proskauer’s Law and the Workplace blog.

Before joining the Firm, Laura was assistant general counsel to the City of New York’s Office of Labor Relations. Prior to that, she was law clerk to Judge Jose L. Fuentes of the New Jersey Superior Court, Appellate Division, and a judicial intern to Judge Laura Taylor Swain of the U.S. District Court for the Southern District of New York.

Raymond Arroyo

Raymond Arroyo is a law clerk in the Labor Department and a member of the Employment Litigation & Arbitration Group.