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On December 10, 2021, New York State Governor Kathy Hochul announced that all companies in New York State must require all employees and customers to wear masks in all indoor public places, unless the company implements full vaccination requirements for all employees and customers. The New York State Department of Health released FAQs on the same day.

Governor Huchul’s order will initially take effect from December 13, 2021 to January 15, 2022, at which time the state will re-evaluate this authorization.

Any company in New York State that does not have a mandatory vaccination policy for employees, customers, guests, etc., must require anyone to be medically able to tolerate a face mask after their second birthday, and must wear an appropriate mask under any circumstances . Indoor public places, whether vaccinated or not, unless they are eating or drinking. According to the Ministry of Health, the definition of "indoor public places" is quite broad and refers to "any indoor space that is not a private residence." Therefore, the definition includes office-based work, as well as restaurants, office buildings, shopping malls, grocery stores, pharmacies, and chapels.

Companies that implement vaccination requirements must ensure that anyone who is 12 years of age or older is vaccinated before entering; and that children between 5 and 11 years of age have at least one dose of COVID-19 vaccine. According to CDC's definition of complete vaccination, full vaccination is defined as 14 days after the individual's last vaccination in their initial vaccine series, which means two doses of Pfizer BioNTech or Moderna COVID-19 vaccine or a single dose of Janssen/Johnson & Johnson The COVID-19 vaccine last 14 days. The important thing is that companies cannot "mix and match" or "combine." For example, companies cannot allow vaccinated customers not to wear masks, but require individuals who are not fully vaccinated to wear masks in the same indoor facility. As stated in the FAQ, “The company...must choose whether to implement a full-course vaccine requirement or a mask requirement, which applies to customers and employees, and then must fully comply several times a day throughout the facility.”

According to the guidance of the Federal Centers for Disease Control and Prevention, individuals who have not been vaccinated should continue to wear masks. In addition, according to CDC guidelines, New York State’s mask requirements for pre-kindergarten through 12th grade schools, public transportation, homeless shelters, correctional facilities, nursing homes, and healthcare facilities continue to be effective.

The mask injunction does not affect the New York HERO Act, and all employers in New York State are still obliged to comply with the Act. You can find our latest recommendations on the HERO Act here.

The mask regulations apply to office premises. Therefore, if the office does not require the vaccination certificate as a condition of entry, everyone must always wear a mask regardless of the vaccination status, except when eating and drinking or alone in a closed room.

Food service companies (for example, restaurants or bars)

As mentioned in the FAQ:

Private events in public restaurants or venues

Private events held in public indoor spaces, such as weddings held in restaurants or venues, are included in the order. The enterprise or site must require a vaccination certificate as a condition of entry, or the enterprise or site must implement mandatory shielding requirements.

Salon and other personal care businesses

Salons and other personal care companies are strongly encouraged to provide services that require customers to remove their masks (such as facial care, beard trimming, upper lip waxing) in order to implement proof of vaccination requirements. However, companies that have not implemented such requirements may allow customers to temporarily remove their masks when receiving such services, provided that the guests wear masks before and after receiving such services and at all other times in the facility. If the company does not have proof of implementation of vaccination requirements, employees performing these services must always wear masks.

From December 13, 2021 to December 26, 2021, TV and film productions that do not implement vaccination requirements for everyone must ensure that individuals wear masks at all times, unless they are actively eating or drinking or alone in closed areas. Inside the room. However, individuals who appear in front of the camera (such as anchors, actors, guests) can remove their masks during the filming process, provided that they are at least six feet away from all other people who are not in front of the camera (such as staff). Members, production staff).

Violation of any of the provisions of this measure can be fined up to $1,000 for each violation. The local health department is required to implement these requirements, but apart from fines, other penalties (such as temporary closure of the business) are not allowed. The measure will take effect from December 13, 2021 to January 15, 2022, at which time the country will reassess the measure.

Starting from December 13, 2021, employers must require all employees and customers to wear masks in any indoor public places, unless the employer has a vaccination requirement, that is, all employees and customers must show proof that they have been fully vaccinated before they can enter any indoor public place.

Because of the huge fines (and unfavorable publicity) associated with non-compliance, employers should inform employees and customers of their policies and strictly enforce them. The country has created and issued posters that can be displayed according to the options that employers choose to implement: full vaccination certificate or mask requirements.

The facts, laws and regulations regarding COVID-19 are evolving rapidly. Since the date of publication, there may be new or additional information not mentioned in this announcement. Please consult your legal advisor for guidance.

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