Philadelphia’s Vaccinate Mandate for Food and Drink Establishments and its Impact on Employers

Such establishments include restaurants, bars, cafes, sports venues, movie theaters, bowling alleys, catering halls, casinos and food courts. An individual will be considered as having completed vaccination when they receive two doses of either the Pfizer or Moderna vaccine or a single dose of the Johnson & Johnson vaccine.

There are several exemptions to this mandate. Any employees and children between the ages of five and eleven are required to have one dose of COVID-19 vaccine by January 3, 2022 and to complete their vaccination by February 3, 2022. Children under the age of 5, who are currently ineligible for the vaccines, as well as people with medical or religious exemptions will be permitted to dine indoors if they carry a negative test when entering a venue that hosts over 1,000 people. During the first two weeks of the mandate, these establishments may choose to accept proof of a negative COVID-19 test within 24 hours of entry for people who are not fully vaccinated. This exception will end on January 17, 2022.

Employers who operate one of these businesses should implement the following action steps to put them in the best position for compliance with the mandate:

• Adopt procedures for checking guests’ vaccination status and designate individuals who will check guests’ vaccination status at the door.
• Adopt procedures for determining employees’ vaccination status. This may include implementing a system confirming that employees’ have completed their vaccines and maintaining confidential records concerning employees’ vaccination status.
• Ensure compliance with the City of Philadelphia, state and federal regulations concerning employees’ right to paid time off to receive the COVID-19 vaccine and to recover from any side effects from the vaccine.
• Develop an appropriate response to any employees who refuse to comply with this mandate.
• Develop a plan to handle any accommodation requests. The plan should include responses to reasonable accommodation to address any religious or medical exemptions.
• Communicate any changes or requirements of the workplace’s COVID-19 policy to your employees.

The regulations concerning COVID-19 and the workplace are complicated and constantly in flux. If you have any questions about this or any other workplace issues, please contact one of Klehr Harrison’s labor and employment attorneys.

The Coronavirus Task Force at Klehr Harrison stands ready to assist you in your business and legal needs. We will continue to provide additional information and guidance as the COVID-19 situation develops.

Author Jonathan Krause is a partner in the labor and employment practice group at Klehr Harrison.