UPDATE: An Executive Order and additional guidance on this mandate has been released by the City of New York.  More information can be found in our post here.

Mayor Bill de Blasio has announced that New York City will become the first major city in the United States to mandate COVID-19 vaccination for workers and patrons of indoor dining, indoor fitness, and indoor entertainment venues and performances.

In a press conference, Mayor de Blasio stated that the mandate – termed the “Key to NYC Pass” –  will launch on August 16, 2021, around which time further guidance on the requirements will be issued.  The City will then begin enforcement of the mandate on September 13, 2021.  Individuals will be able to show their vaccination card or utilize either the New York State Excelsior Pass or a new vaccine pass to be launched by NYC as provide proof of vaccination.

Details of the mandate remain slim at this time, including with regard to potential accommodations for individuals with disabilities or sincerely held religious beliefs that preclude them from receiving the vaccine, as well as how the mandate will be applied to minors who are not yet of vaccine-eligible age.

We will continue to monitor this significant development and provide updates as they become available.

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Photo of Evandro Gigante Evandro Gigante

Evandro Gigante is a partner in the Labor & Employment Law Department and co-head of the Employment Litigation & Arbitration group and the Hiring & Terminations group. He represents and counsels clients through a variety of labor and employment matters, including allegations of…

Evandro Gigante is a partner in the Labor & Employment Law Department and co-head of the Employment Litigation & Arbitration group and the Hiring & Terminations group. He represents and counsels clients through a variety of labor and employment matters, including allegations of race, gender, national origin, disability and religious discrimination, sexual harassment, wrongful discharge, defamation and breach of contract. Evandro also counsels employers through reductions-in-force and advises clients on restrictive covenant issues, such as confidentiality, non-compete and non-solicit agreements.

With a focus on discrimination and harassment matters, Evandro has extensive experience representing clients before federal and state courts. He has tried cases in court and before arbitrators and routinely represents clients before administrative agencies such as the Equal Employment Opportunity Commission, as well as state and local human rights commissions.

Photo of Laura Fant Laura Fant

Laura Fant is a special employment law counsel in the Labor & Employment Law Department and co-administrative leader of the Counseling, Training & Pay Equity Practice Group. Her practice is dedicated to providing clients with practical solutions to common (and uncommon) employment concerns…

Laura Fant is a special employment law counsel in the Labor & Employment Law Department and co-administrative leader of the Counseling, Training & Pay Equity Practice Group. Her practice is dedicated to providing clients with practical solutions to common (and uncommon) employment concerns, with a focus on legal compliance, risk management and mitigation strategies, and workplace culture considerations.

Laura regularly counsels clients across numerous industries on a wide variety of employment matters involving recruitment and hiring, employee leave and reasonable accommodation issues, performance management, and termination of employment . She also advises on preparing, implementing and enforcing employment and separation agreements, employee handbooks and company policies, as well as provides training on topics including discrimination and harassment in the workplace. Laura is a frequent contributor to Proskauer’s Law and the Workplace blog and The Proskauer Brief podcast.