On December 10, 2021, New York State Governor Kathy Hochul announced a new mandate requiring that masks be worn in indoor public spaces, unless a covered business has implemented a mandatory vaccination requirement. The mandate goes into effect on December 13, 2021, and will remain in effect until January 15, 2022, at which point the state will reevaluate the need for masking.

The mandate broadly defines “indoor public place” as “any indoor space that is not a private residence”— including all office spaces. Employers with office space that currently do not require proof of vaccination are required, under the mandate, to ensure that employees, regardless of their vaccination status, are masked at all times. Additionally, under this mandate, businesses may not mix and match approaches, but instead must select either the vaccination requirement or the mask mandate for all employees, visitors, patrons, and service providers. For example, businesses may not require that employees adhere to the mask mandate but require customers to comply with a mandatory vaccination policy.

The state’s frequently asked questions (FAQs) publication confirms that, in addition to both public and privately-owned businesses, indoor entertainment venues, shopping centers, common areas in residential buildings, and concert halls, among others, fit within this definition. Previous indoor masking requirements relating to healthcare, adult care facilities, P-12 schools, homeless shelters, correctional...

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