New York City’s requirement that all employees who perform in-person work or who interact with the public must show proof of vaccination against COVID-19 prior to entering the workplace went into effect on December 27, 2021. See NYC Commissioner of Health and Mental Hygiene Order. This applies to all employers including cooperatives, condominiums, and homeowners associations. Boards and their management must deny access to any employees who have not provided proof of vaccination unless they have a religious or medical exemption. Requests for those exemptions should be vetted for authenticity and propriety. The City provided some guidance and a form that can be used regarding exemptions.

Boards and their management must bar unvaccinated employees withiout an exemption from the workplace building, and can fire or discipline the employee. Consulting with experienced counsel beforehand is suggested to keep the association out of trouble; especially with these laws coming and going.

There are exceptions to the general rule such as workers who work from home or whose employment does not involve interacting with others, or individuals who enter the workplace for a quick and limited purpose.

There are also record keeping requirements for the employers. All records created or maintained by the employer must be treated as confidential and stored in a secure location separate from an employee’s regular personnel file, and available to only those employees or employer representatives who have a legitimate need to access the information. There are also posting requirements for the employers that have to be made. The association has to post a certification of compliance with the law in a conspicuous location like a lobby.

There are fines that may be issued for noncompliance. Noncompliance with the Order can result in fines up to $1,000 per violation with escalating penalties if violations persist. It is not clear yet how vigilant the City will be with enforcement but we expect that there will be some enforcement in order to deter employers from noncompliance. But, the City has set up a whistleblower hotline so we except there to be oversight from that perspective at least.

A subtle gem in this law is a requirement that the associations keep a log book of requests to contractors who work in the building as to whether they have been asked if they and their workers are in compliance with the law, and the contactor’s response. The law doesn’t require the association to make the inquiry of the contractor but if it does, then the exchange must be logged. Contractors by the way, are not just building contractors, but contractors for residents incuding nannies and housekeepers.