United States: New York State makes mask compulsory for companies that do not require proof of vaccination to enter
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In anticipation of the winter vacation season, New York Governor Kathy Hochul announced a new mask mandate that will apply to all businesses and venues that do not require proof of vaccination as a condition of entry.
Specifically, companies and facilities that do not require proof of vaccination must implement a mask requirement for all persons aged 2 and over who are medically able to tolerate a mask, regardless of their vaccination status. “Indoor public place” is defined as any indoor space that is not a private residence. The broad definition of âindoor public placeâ extends the new mask requirement to all private employers.
This requirement applies from December 13, 2021 to January 15, 2022, after which the state will reassess it based on the current conditions. Mask mandate violations will result in fines of up to $ 1,000 per violation.
In conjunction with the governor’s announcement, the state’s health commissioner issued a decision cementing this requirement. The decision also concerned the existing mask requirements imprisoned / incarcerated for (1) staff and visitors in health facilities and adult care facilities, (2) teachers, staff, students and visitors to schools from pre-school to 12th grade, (3) persons and Correctional and detention center staff, (4) clients, visitors, staff and volunteers in the homeless shelters (including shelters, day shelters and catering providers), and (5) all persons on public transport and at transportation hubs.
The New York Mask Mandate is similar to the new mask mandates announced by the Philadelphia Department of Health and effective on August 12, 2021, which we covered in a previous report alarm.
The announcement by Governor Hochul follows the announcement by New York City Mayor Bill de Blasio of the nation’s first COVID-19 vaccination mandate for private sector employees, which will take effect December 27, 2021 earlier alarm.
New York City is expected to publish vaccine mandate guidelines on December 15 that will likely alert employers to the provision of reasonable accommodation due to disabilities and righteous religious beliefs that discourage certain employees and customers from receiving a COVID-19 vaccine. We believe masking will be addressed in facilities with both vaccinated and unvaccinated staff. In the meantime, non-vaccinated employers and companies should prepare to comply with the new masking requirements immediately.
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If you have any questions about it alarm, please contact Eve I. Klein, Katelynn Gray, one of the attorneys in our Employment, Labor, Benefits and Immigration practice group, a member of the COVID-19 strategy team, or the attorney at the firm with whom you are in regular contact.
Disclaimer: This warning is prepared and posted for informational purposes only and is not offered as legal advice, nor should it be construed as such. Further information can be found in the office full disclaimer.
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