NYC Issues Guidance on Private Employers' Mandatory Vaccine Requirement

NYC Issues Guidance on Private Employers' Mandatory Vaccine Requirement

Philip K. Davidoff

Philip K. Davidoff

December 21, 2022 07:01 PM

NYC Issues Guidance on Private Employers' Mandatory Vaccine Requirement

NYC released guidance on December 15, 2021 regarding its mandatory vaccine requirement for private employers. You can find our previous Alert on the mandate here. Effective December 27, 2021, employees who perform in-person work for private employers in NYC are required to provide proof that they received at least one dose of the COVID-19 vaccine. If the vaccine requires two doses, employees will then have 45 days to submit proof of their second dose. Employees who are not vaccinated must be excluded from the workplace unless one of the limited exceptions discussed below applies.

The vaccine mandate broadly applies to all workplaces in NYC that employ more than one employee. A workplace is defined as “any place where work is performed in the presence of another worker, or a member of the public.” The mandate also applies to self-employed individuals and sole proprietors that work at a workplace or interact with other workers either in-person or in public in the course of their work. The mandate does not apply to businesses already subject to “another Order of the Commissioner of the Department, Board of Health, the Mayor, or a State or federal entity that is in effect and requires them to maintain or provide proof of full vaccination.” Notably, the guidance provides that businesses “who are subject to federal requirements that are not currently in effect because of a court order must comply with this order,” including the currently stayed federal contractor vaccine mandate.

The new requirement covers all employees, including full-time workers, part-time workers, interns, volunteers, and contractors. Only the following individuals are exempt from the mandate:

employees working remotely;

  • employees entering the workplace for a “quick and limited purpose”;
  • performing artists or athletes who are not required to be vaccinated pursuant to the Key to NYC program; and
  • employees who have been granted a reasonable accommodation.

The guidance confirms that employers must consider employees’ requests for reasonable accommodations for religious or medical purposes. Specifically, employees with a “sincerely held religious belief (not a social or political belief), or a medical condition that prevents them from being vaccinated may apply for a reasonable accommodation” by December 27. Employers may permit those employees to continue coming to the workplace while they engage in the requisite “cooperative dialogue.” NYC’s agencies maintain the right to review reasonable accommodation records to ensure employers are “handling requests promptly and appropriately.” Guidance on how employers can handle accommodation requests can be found here.

Employers are required to obtain proof and keep records of each worker’s vaccination status. Employers can either make a copy of employees’ vaccination cards or create their own record that includes employees’ names and vaccination status. Employers must store this information in a secure manner to protect the privacy and security of the information. Employers are also required to post a one-page affirmation of compliance in a conspicuous location in the workplace by December 27. A link to the attestation can be found here.

Businesses that fail to comply with the new mandate are subject to a $1,000 fine and “escalating penalties thereafter if violations persist.”

If you have any questions regarding this Alert, please contact the author, Philip Davidoff,, partner in our New York City office. Of course, you can also contact the FordHarrison attorney with whom you usually work.

Related Articles


Foiled Plans: How Adam Leitman Bailey, P.C. Thwarted A Famous Building’s Trickery

by Rebecca Blackwell

When the Frick building, planned renovations that would threaten the welfare of nearby residents, Adam Leitman Bailey, P.C. jumped in to uncover the truth.

Front of the Frick Building in New York City


Shine with Wine: One Firm’s Heroic Efforts to Combat Pediatric Cancer

by Best Lawyers

Block O’Toole & Murphy’s annual event has raised millions—and counting—for the world’s premier pediatric cancer treatment facility. Their commitment to the cure is unmatched, and each year boasts more success than ever before.

Two candles on table in front of framed child's artwork and large screen at event


Adam Leitman Bailey Saves Upper East Cooperative From Forced NYU Combination With Neighboring University Building

by Rebecca Blackwell

When a New York resident of an iconic building was faced with a potentially devastating renovation to his beloved home, powerhouse real estate lawyer Adam Leitman Bailey tightened the knot on the loophole others said didn’t exist.

Large brownstone building with blue sky above in New York City

Big Updates in the Big Apple

by Nina M. Roket and Thomas D. Kearns

A Post-COVID-19 update on the commercial market for landlords, building investors and retail developers in New York.

Abstract skyscrapers and buildings in multi-color

Trending Articles

How Palworld Is Testing the Limits of Nintendo’s Legal Power

by Gregory Sirico

Many are calling the new game Palworld “Pokémon GO with guns,” noting the games striking similarities. Experts speculate how Nintendo could take legal action.

Animated figures with guns stand on top of creatures

Announcing the 2023 The Best Lawyers in America Honorees

by Best Lawyers

Only the top 5.3% of all practicing lawyers in the U.S. were selected by their peers for inclusion in the 29th edition of The Best Lawyers in America®.

Gold strings and dots connecting to form US map

The U.S. Best Lawyers Voting Season Is Open

by Best Lawyers

The voting season for the 31st edition of The Best Lawyers in America® and the 5th edition of Best Lawyers: Ones to Watch® in America is officially underway, and we are offering some helpful advice to this year’s voters.

Golden figures of people standing on blue surface connected by white lines

How To Find A Pro Bono Lawyer

by Best Lawyers

Best Lawyers dives into the vital role pro bono lawyers play in ensuring access to justice for all and the transformative impact they have on communities.

Hands joined around a table with phone, paper, pen and glasses

Announcing the 2022 Best Lawyers® in the United States

by Best Lawyers

The results include an elite field of top lawyers listed in the 28th Edition of The Best Lawyers in America® and in the 2nd Edition of Best Lawyers: Ones to Watch in America for 2022.

2022 Best Lawyers Listings for United States

2021 Best Lawyers: The Global Issue

by Best Lawyers

The 2021 Global Issue features top legal talent from the most recent editions of Best Lawyers and Best Lawyers: Ones to Watch worldwide.

2021 Best Lawyers: The Global Issue

What the Courts Say About Recording in the Classroom

by Christina Henagen Peer and Peter Zawadski

Students and parents are increasingly asking to use audio devices to record what's being said in the classroom. But is it legal? A recent ruling offer gives the answer to a question confusing parents and administrators alike.

Is It Legal for Students to Record Teachers?

Best Lawyers: Ones to Watch in America for 2023

by Best Lawyers

The third edition of Best Lawyers: Ones to Watch in America™ highlights the legal talent of lawyers who have been in practice less than 10 years.

Three arrows made of lines and dots on blue background

The Best Lawyers in Australia™ 2024 Launch

by Best Lawyers

Best Lawyers is excited to announce The Best Lawyers in Australia™ for 2023, including the top lawyers and law firms from Australia.

Australian Parliament beside water at sunset

The Upcycle Conundrum

by Karen Kreider Gaunt

Laudable or litigious? What you need to know about potential copyright and trademark infringement when repurposing products.

Repurposed Products and Copyright Infringemen

Inflation Escalation

by Ashley S. Wagner

Inflation and rising costs are at the forefront of everyone’s mind as we enter 2023. The current volatile market makes it more important than ever to understand the rent escalation clauses in current and future commercial lease agreements.

Suited figure in front of rising market and inflated balloon

Wage and Overtime Laws for Truck Drivers

by Greg Mansell

For truck drivers nationwide, underpayment and overtime violations are just the beginning of a long list of problems. Below we explore the wages you are entitled to but may not be receiving.

Truck Driver Wage and Overtime Laws in the US

A Celebration of Excellence: The Best Lawyers in Canada 2024 Awards

by Best Lawyers

As we embark on the 18th edition of The Best Lawyers in Canada™, we are excited to highlight excellence and top legal talent across the country.

Abstract image of red and white Canada flag in triangles

Announcing The Best Lawyers in South Africa™ 2024

by Best Lawyers

Best Lawyers is excited to announce the landmark 15th edition of The Best Lawyers in South Africa™ for 2024, including the exclusive "Law Firm of the Year" awards.

Sky view of South Africa town and waterways

Best Lawyers Voting Is Now Open

by Best Lawyers

Voting has begun in several countries across the globe, including the United States, the United Kingdom and Europe. Below we offer dates, details and answers to voting-related questions to assist with the voting process.

Hands holding smartphone with five stars above phone

8 Different Types of Criminal Defenses in Law

by Best Lawyers

Learn about the different types of criminal defenses available in law, including innocence, self-defense, insanity and more. Protect your rights today.

Silver handcuffs laying on finger printed papers