New York City has continued to update the “Key to NYC" requirements since the initial Executive Order was published August 16, 2021. After we released our prior alert discussing the “Key to NYC” mandatory vaccination requirement for indoor dining, gyms, and entertainment venues, New York City revised the Emergency Executive Order (the current version is available here) to say that in addition to requiring proof of vaccination, employees and customers of covered businesses must also provide identification bearing the same identifying information as the proof of vaccination. A driver’s license, non-driver government ID card, IDNYC, passport and school ID card are all acceptable.

The Frequently Asked Questions section of the city’s website concerning the "Key to NYC" requirements also was updated to address these identification requirements. According to the version posted August 17, 2021, businesses must check identification for anyone appearing to be 18 years of age or older. Businesses do not need to check identification for people, such as employees, if the proof of vaccination is matched against identity records the company already maintains.

As the "Key to NYC" requirements are ever evolving, businesses should ensure they are keeping aware of these updates and consulting with counsel on developments.

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