New York City Ends COVID Vaccine Mandate for Private Employers

Author: David B. Weisenfeld, XpertHR Legal Editor

September 22, 2022

Effective November 1, New York City will no longer require private employers to mandate that their employees be vaccinated for COVID-19. However, employers may still voluntarily continue requiring workers to get vaccinated as a condition of employment.

The move brings an end to the Big Apple's broad first-of-its-kind vaccine mandate, introduced last December, which covers an estimated 184,000 private employers. The ban requires all private-sector businesses in New York City to ban unvaccinated employees from the workplace.

"This puts the choice in the hands of New York businesses and it's imperative that we're asking them to continue to encourage their employees to get their vaccines and booster shots," said Mayor Eric Adams.

Health care workers still must comply with a COVID-19 vaccine requirement under New York state law. Also, a mandate remains in place for New York City public employees.

On the national level, the Supreme Court blocked the Biden administration's temporary requirement earlier this year that employers with 100 or more employees ensure that their employees be fully vaccinated, or mandate weekly testing if they are not. However, the Court did uphold a separate vaccine mandate affecting 10.4 million health care workers.