Today, New York Governor Kathy Hochul announced a new mask mandate for private businesses that do not require proof of vaccination for entry, which will take effect Monday, December 13, 2021 and remain in place through January 15, 2022. The announcement is part of the State’s effort to combat the “winter surge” from the COVID-19 pandemic, along with the spread of the Omicron variant.
The announcement requires businesses to implement a mask requirement for all patrons (not a defined term) two years and older, unless the business requires proof of vaccination as a condition of entry. The announcement applies broadly to “indoor public places,” which based on the Acting Commissioner of Health’s Determination, shall mean any indoor space that is not a private residence, and thus includes private employers. There are specific requirements for certain settings, such as healthcare settings.The Governor’s announcement appears to liken the new vaccine or mask mandate to the Key to NYC requirements, whereby certain indoor businesses must impose vaccine requirements on patrons and staff. Noncompliant businesses may face criminal penalties and civil fines of up to $1,000 for each violation. As a reminder, employers that implement a mask policy for employees should provide for adequate personal protective equipment at no cost to the employee.
Notably, the new mask mandate is in addition to existing requirements under the NY HERO Act. As we previously reported, the NY HERO Act requires...
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