Dear Client and Friends:
On Friday, November 10, Governor Hochul announced an updated mask mandate for all of New York State. The mandate and a Frequently Asked Questions (FAQ) for the mandate have now been released. This updated mandate applies to all indoor spaces in New York except for private personal residences. The mandate goes into effect on Monday, December 13 at 12:01 a.m. and will remain in effect through January 15, 2022 at which time it will be evaluated.
Overview of the Mandate
The mandate requires businesses to choose one of two paths. A business can choose to only permit entry by persons over the age of 12 who are fully vaccinated and by persons ages 5-11 who have received one dose of vaccine. In this case, the business may encourage but not require masks. The business must require all people entering to show valid proof of vaccination status through Excelsior Pass or other approved means.
Alternately, the business must require masks for all people regardless of vaccination status.
Business may not continue to mix requiring masks for unvaccinated people and no masks for vaccinated people.
Spaces Covered
All indoor spaces that are not private residences are covered including “indoor entertainment venues, concert halls, indoor sports stadiums, recreational spaces, restaurants, office buildings, shopping centers, grocery stores, pharmacies, houses of worship and common areas in residential buildings.” The FAQ provides additional guidance for when the mandate applies in outdoor dining spaces.
Hero’s Act Impact and Other Mandates (NYC)
The FAQ provides that the HERO’s Act and other mandates continue to be in effect; however, to the extent this Department of Health Order is more restrictive, it will apply. Thus, employers will want to ensure they are complying with the mask requirements in their workplace unless their workplaces requires vaccination.
Restaurants and Retail Space
Restaurants and retail space will want to pay particular attention to the requirements for their spaces contained in the order and the FAQ.
Enforcement and Next Steps
The mandate will be enforced by local departments of health who can issue fines to both the business and the individual of up to $1,000 per occurrence. At this time, all businesses must choose whether they will require vaccination for entry to their business or whether they will require masks to be worn by everyone at all times (except when actively eating and drinking or in their own space alone).
The mandate and FAQ can be found here. https://coronavirus.health.ny.gov/frequently-asked-questions-proof-full-vaccination-or-mask-requirement-businesses-and-venues
Your HH&K attorneys remain available to assist you in working through this mandate.
Contact Your HH&K Attorney for Legal Guidance
This information is not legal advice and may not be suitable for all client situations. This Client Alert provides general information and does not outline all of the important considerations related thereto.
This Client Alert is not a substitute for legal guidance. As always, if we can be of assistance with these programs or any other matters, please do not hesitate to contact your HH&K attorney.
Click here for a printable version of this Client Alert.
Client Alert Date: December 13, 2021
Copyright © 2021 by Hinman, Howard & Kattell LLP. This Client Alert is provided as a general information service to clients and friends of Hinman, Howard & Kattell, LLP. It should not be construed as, and does not constitute legal advice on any specific matter, nor does this message create an attorney-client relationship. These materials may be considered Attorney Advertising in some states.