Scarinci Hollenbeck, LLC
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201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: January 14, 2022
The Firm
201-896-4100 info@sh-law.comNew York City released additional guidance regarding its new requirement that workers in the private sector provide proof of vaccination against COVID-19 before entering the workplace. The requirement, which applies to roughly 184,000 businesses, went into effect on December 27, 2021.
New York City Mayor Bill de Blasio first announced that the city will require COVID-19 vaccinations for all employees in the city’s private sector on December 6, 2021. The Mayor also announced sweeping changes to the city’s “Key to NYC” program, including expansion of the program to children between the ages of five and 11. According to Mayor de Blasio, the measures are required to combat the growing threats posed by increasing Delta infections and the introduction of the new Omicron variant.
Per the December 13, 2021 Order of the Commissioner of Health (Order), the vaccine mandate applies to any non-governmental entity that employs more than one worker in New York City or maintains a workplace in New York City, as well as any self-employed individual or sole practitioner who works at a workplace or interacts with workers or the public in the course of their business. The term “workplace” is defined as any location, including a vehicle, where work is performed in the presence of another worker or member of the public.
Worker includes a full or part-time staff member, employer, employee, intern, volunteer or contractor of a covered entity, as well as a self-employed individual or a sole practitioner. It does not include:
As set forth in the Order, “proof of vaccination” means one of the following documents demonstrating that an individual has (1) been fully vaccinated against COVID-19; (2) received one dose of a single-dose COVID-19 vaccine; or (3) received the first dose of a two-dose COVID-19 vaccine, provided that a worker providing proof of only such first dose provides proof of receiving the second dose of that vaccine within 45 days after receiving the first dose:
New York City’s private sector workplace vaccination requirement does not apply to the following:
The City has provided guidance on how to handle reasonable accommodation requests as well as a checklist that employers can use to process reasonable accommodation requests. According to the City, if an employer chooses to follow this checklist and keeps it on file, that will demonstrate that the employer handled the reasonable accommodation request appropriately.
Covered businesses are responsible for collecting proof of vaccination and securely maintaining records. Businesses must also be prepared to make their records available for inspection upon request by a city agency.
There are three options for how businesses can meet this requirement:
Once in compliance, businesses must sign an affirmation and place it in a clearly visible area. Businesses were required to sign and post the affirmation no later than December 27, 2021. The affirmation form is available at nyc.gov/vaxtowork.
According to the City, inspectors from various City agencies began enforcing the order on December 27, 2021. Businesses that fail to comply are subject to a fine of $1,000 and escalating penalties thereafter if violations persist.
It is also important to note that the private sector vaccine mandate took effect four days prior to Mayor de Blasio leaving office. At this point, it is still uncertain what changes his successor, Eric Adams, may make to the City’s COVID-19 requirements. Additionally, it likely that lawsuits will be filed challenging the mandate.
If you have any questions or if you would like to discuss the matter further, please contact me, Ajoe Abraham, or the Scarinci Hollenbeck attorney with whom you work, at 201-896-4100.
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