New York City Mayor Eric Adams has announced that the City’s private employee COVID-19 vaccine mandate will be lifted effective November 1, 2022.

As we previously reported, the NYC mandate requires all private workers in New York City who perform in-person work or interact with the public to show proof they have received at least their primary series of COVID-19 vaccination.  Employees who fail to provide such proof are required to be excluded from the workplace unless they submit a request for accommodation on the basis of disability, religious belief, or other covered reason under NYC law.

With the lifting of the mandate on November 1, NYC employers now will be able to decide whether to continue to maintain a vaccination requirement for their employees or relax such requirements.  Presently, no other U.S. state or major city requires all private employees to be vaccinated against COVID-19 in order to be present in the workplace.  Other states, such as Tennessee, Texas, and Florida, have enacted laws limiting employers’ ability to enforce vaccine mandates in the workplace.  Additionally, as of today (September 20, 2022), the federal government continues to take the position that it is not enforcing the previously-enacted federal contractor and subcontractor COVID-19 vaccine mandate in any US state or territory.

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Proskauer’s cross-disciplinary, cross-jurisdictional Coronavirus Response Team is focused on supporting and addressing client concerns. Visit our Coronavirus Resource Center for guidance on risk management measures, practical steps businesses can take and resources to help manage ongoing operations.

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-administrative leader of the Counseling, Training & Pay Equity Practice Group, Laura Fant frequently counsels on a wide variety of employment matters, including employee leave and accommodation matters involving…

As a special employment law counsel in the Labor & Employment Law Department and co-administrative leader of the Counseling, Training & Pay Equity Practice Group, Laura Fant frequently counsels on a wide variety of employment matters, including 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 regularly drafts and advises on implementation and enforcement of employment and separation agreements, employee handbooks and company policies, as well as provides training on topics such as discrimination and harassment in the workplace, performance management, 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.

Photo of Arielle E. Kobetz Arielle E. Kobetz

Arielle Kobetz is an associate in the Labor & Employment Law Department. She assists employers in a wide range of areas, including discrimination, wage and hour, and traditional labor.

Prior to joining Proskauer, Arielle served as a law clerk at the New York…

Arielle Kobetz is an associate in the Labor & Employment Law Department. She assists employers in a wide range of areas, including discrimination, wage and hour, and traditional labor.

Prior to joining Proskauer, Arielle served as a law clerk at the New York City Human Resources Administration, Employment Law Unit, where she worked on a variety of employment discrimination and internal employee disciplinary issues.