New York State Announces Masking Mandate for All Indoor Public Places

Today, New York Governor Kathy Hochul announced a mandate concerning masking in indoor public places. While the text of the order has not yet been issued, the press release indicates that masks will be required in all indoor public places unless the business or venue implements a vaccine requirement. This mandate will take effect on December 13, 2021, and will be reassessed on January 15, 2022.

Businesses and venues that implement a masking requirement must ensure that all patrons two years and older wear a mask at all times while indoors. Businesses and venues that implement a proof of vaccination requirement can accept Excelsior Pass Plus, SMART Health Cards issued outside of New York State, or a CDC Vaccination Card. For these purposes, a full-course vaccination is defined as 14 days past an individual's last vaccination dose in their initial vaccine series (14 days past the second shot of a two-dose Pfizer-BioNTech or Moderna vaccine; 14 days past the one-shot Janssen/Johnson & Johnson vaccine). New York State also will accept WHO-approved vaccines for these purposes. Unvaccinated individuals are still responsible for wearing masks in accordance with CDC guidance. The press release further notes that New York State and the State Department of Health strongly recommend mask-wearing in all public indoor spaces, even when not required. We will continue monitoring for updates on this mandate. Employers with questions about this mandate should contact Caroline Secola at csecola@fglawllc.com or any attorney at the firm.

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