As we previously reported, former Mayor Bill de Blasio issued an order effective December 27, 2021 requiring private sector employers to mandate that all in-person workers in New York City receive and show proof of vaccination against COVID-19, subject to accommodations for medical or religious reasons. Under the order, private employers were required to comply with various recordkeeping and posting obligations, including verifying employees’ proof of vaccination, and were not permitted to allow any unvaccinated workers to work at their workplace.

Mayor Eric Adams recently announced that New York City will end this vaccine mandate effective November 1, 2022, permitting private businesses to lift vaccination requirements for their employees and allowing unvaccinated workers to return to the workplace. Nevertheless, Mayor Adams encouraged employers to continue to promote vaccines and boosters and to implement their own vaccine mandates, even as the City mandate becomes optional. Employers who choose to maintain their own vaccine policies should remain mindful of accommodations for medical or religious reasons, and consider whether its proposed requirements are consistent with business necessity and supported by relevant CDC or local health department guidance.

If you have any questions regarding return-to-work policies or any other employment issues, please contact Anne C. Patin at (212) 574-1516 or your relationship partner at the Firm.