New York Governor Kathy Hochul has just announced that effective December 13, 2021, masks will be required to be worn in all indoor public places statewide unless the business or venue requires individuals to provide proof of full vaccination in order to enter. Though not explicit in the Governor’s announcement, this requirement likely applies to both patrons and employees working in indoor public places.
Acceptable proof of vaccination includes the New York Excelsior Pass, Excelsior Pass Plus, SMART Health Cards issued outside of New York State, or a CDC Vaccination Card. As a reminder, at present, “fully vaccinated” means that at least 2 weeks have passed since the second dose of a two-dose COVID-19 vaccine (e.g., Pfizer, Moderna) or the dose of a one-dose COVID-19 vaccine (e.g., J&J). Businesses and venues may also accept proof of full vaccination of a WHO-approved vaccine
Businesses and venues that choose not to implement a vaccination requirement must require all patrons two years and older to wear a mask indoors at all times, regardless of vaccination status.
Unvaccinated individuals continue to be responsible for wearing masks indoors at all times. Further, New York’s masking requirements continue to be in effect for pre-K to grade 12 schools, public transit, homeless shelters, correctional facilities, nursing homes, and health care settings, regardless of vaccination status.
This requirement will be in effect until at least January 15, 2022, at which time the State will reassess whether to extend or lift the requirement.
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If you have questions or would like additional information, please contact our Labor & Employment attorneys or the primary EGS attorney with whom you work.
