NYC vaccine mandate for private employers: Is it legal?

Mayor Invoice de Blasio’s departing reward to New York will apparently be America’s “first-in-the-nation” all-encompassing COVID-19 vaccine mandate, that means it applies to all private-sector workers within the metropolis. He introduced the measure Monday morning, calling it a “preemptive strike” to scale back transmission throughout the busy vacation season because the omicron variant continues to unfold.

“We’ve acquired omicron as a brand new issue, we’ve acquired the colder climate, which goes to essentially create further challenges, we’ve acquired the delta variant, we’ve acquired vacation gatherings,” he stated in an MSNBC interview. “We in New York Metropolis have determined to make use of a preemptive strike to essentially do one thing daring to cease the additional development of COVID and the hazards it’s inflicting to all of us.”

The mandate impacts all New York Metropolis private employers “throughout the board,” De Blasio says. It is going to begin on December 27, simply 4 days earlier than he leaves workplace.

The mandate has a second rule, too: Kids ages 5 to 11 will now even be required to indicate proof of vaccination to enter eating places, gyms, film theaters, and different venues. For now, they’ll solely have to indicate proof of 1 dose. Nevertheless, it will apply to “high-risk” extracurricular actions like sports activities, band, and dance, and the requirement begins on December 14.

The mayor’s authorized authority to mandate vaccines in private companies is up for debate, particularly on condition that President Biden’s federal mandate for bigger employers is on pause till the courts can rule on it. The mayor’s workplace says Biden’s mandate is totally different as a result of it’s by OSHA, through an Emergency Momentary Commonplace, whereas New York’s will probably be by town’s personal well being commissioner.

It’s a authorized query that Mayor-elect Eric Adams will now inherit on January 1, regardless. Adams is in Ghana till Wednesday, however he’s reportedly been made conscious of the mandate, and De Blasio provides, Adams has been knowledgeable that “pressing threats [are] dealing with our metropolis, and it’s the mayor’s job to guard New Yorkers.”

A spokesperson for Adams launched a press release nonetheless that undoubtedly falls in need of an unqualified endorsement. “The Mayor-elect will consider this mandate and different COVID methods when he’s in workplace,” it stated, “and make determinations primarily based on science, efficacy, and the recommendation of well being professionals.”

In different phrases, keep tuned. . . .