On Monday, December 6, 2021, Bill de Blasio, the outgoing mayor of New York City, announced a “first-in-the-nation” COVID-19 vaccine mandate requiring all private sector employees who personally reside in New York City are working to get at least one dose of a COVID-19 vaccine.
The mandate, which Mayor de Blasio described as a “pre-emptive strike” against COVID, will come into effect on December 27, 2021 and will apply to employees who work for approximately 184,000 private sector employers in New York City. Unlike the federal OSHA Emergency Temporary Standard, New York City’s mandate will not have a testing option as of now, meaning NYC employees cannot choose to receive weekly COVID-19 testing as an alternative to receiving the vaccine.
NYC’s mandate came in for criticism from some of the city’s biggest employers, who were “blindsided” by the startling announcement, allegedly made without coordination or consultation with the business community.
On Tuesday, December 7, 2021, New York Supreme Court judge Frank Nervo issued an injunction temporarily suspending enforcement of the vaccine mandate for city officials in New York City pending a hearing, scheduled for December 14, on its legality. of the mandate. The municipal vaccine mandate was announced on October 20, 2021 and has been applied to more than 160,000 city employees. Similar lawsuits are expected to challenge the private sector employee mandate in New York City. The municipality has promised to provide further guidelines about the rule by 15 December at the latest.
Mayor de Blasio also announced two major expansions to the “Key to NYC” COVID-19 vaccine mandate program, which currently requires all employees and customers (including non-resident visitors) ages 12 and older to provide evidence of one dose of a COVID-19 vaccine. 19 vaccine to access indoor dining, fitness, entertainment and performance in New York City.
First, as of December 14, children ages 5-11 must show evidence of at least one dose of a COVID-19 vaccine in order to access these sites.
Second, from December 27, all customers 12 years and older (both residents and non-residents) must show proof of two doses of vaccine instead of one to access these locations, with the exception of . individuals who have received the Johnson & Johnson single-dose vaccine.
© Copyright 2021 Squire Patton Boggs (USA) LLPNational Law Review, Volume XI, Number 342