On December 15, 2021, New York City followed up on the recently announced vaccine mandate for private employers by releasing further details, including several guidance documents and mandatory signage. The New York City Commissioner of Health and Mental Hygiene (“City Health Commissioner”) issued an Order To Require COVID-19 Vaccination In The Workplace (“Order”), citing authority under Section 556 and 558 of the New York City Charter as well as Section 3.01(d) of the New York City Health Code. The Order requires covered employers to generally exclude unvaccinated individuals from workplaces in New York City starting December 27, 2021.
The guidance documents, which include a summary of the vaccination requirement for workplaces, Frequently Asked Questions for Covered Entities (FAQs), guidance on accommodations for workers, and guidance for employers on equitable implementation of COVID-19 vaccine requirements, among other documents (collectively, “Guidance Documents”), contain notice-posting procedures that will apply to all covered workplaces within New York City. The Guidance Documents also contain a broad definition of covered employers and individuals and outline the Order’s requirements. New York City businesses have just 10 days to comply with the new rules.
The Order defines a “covered entity” as (1) any private entity that employs more than one worker or maintains a workplace in New York City, or (2) any...
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