On December 27, 2021, all workers who either work in-person or who have significant daily contact with the public will need to show proof of vaccination, as required by Mayor De Blasio’s emergency executive Order 317. Workers must have at least one shot of an FDA approved vaccine, and if not fully vaccinated, must show proof of a second shot within 45 days.
Order 317 will be effective for all workplaces with at least one employee. The order defines a “workplace” as a place of business where one or more employees work and interact with the public. According to the order, an employee, or “worker” is anyone full- or part-time. This includes volunteers, contractors, and interns. The order extends to co-working arrangements and the space is required to maintain records of all who use the coworking facilities. Businesses with workers who do not comply with the mandate are not required to terminate employment but must bar workers from entering the premises.
Limited medical and religious exemptions are recognized under the mayor’s emergency order, but those exemptions require application which must be submitted no later than the start date of the order.
Under the order, private businesses are required to maintain careful records demonstrating workers’ proof of vaccination and are allowed to check a person’s vaccination status before they enter the workplace. Businesses that lapse in their compliance are subject to an initial $1,000 fine and penalties that escalate from there.
