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Updated January 2022: New York adds temporary winter mask mandate

02/03/22

Author: ADP Admin/Monday, January 31, 2022/Categories: Compliance Corner , State Compliance Update, New York

Governor Kathy Hochul of New York had announced a temporary mask mandate for businesses and venues, unless they implemented a vaccine requirement. The mandate was scheduled to be in effect from Dec. 13, 2021 until Jan. 15, 2022, unless extended.

Update January 2022: The New York Commissioner of Health has extended New York State’s indoor mask mandate to Feb. 1, 2022.

The Details:

Starting December 13, 2021, New York employers and venues must require customers and staff aged two years and older to always wear masks in indoor public places unless the businesses implement a proof of full vaccination requirement.

Proof of Full Vaccination:

Businesses and venues that implement a proof of vaccination requirement can accept:

  • An Excelsior Pass or Excelsior Pass Plus (Parents and guardians can retrieve and store this for children or minors under legal guardianship.);
  • A SMART Health Card issued outside of New York State; or
  • A CDC Vaccination Card.

Full vaccination is defined as 14 days past an individual's last vaccination dose in their initial vaccine series, including the second shot of a two-dose Pfizer-BioNTech or Moderna vaccine; or the one-shot Janssen/Johnson & Johnson vaccine. New York also accepts WHO-approved vaccines for this purpose.

Penalties:

Local health departments are tasked with enforcing these requirements. A violation may result in penalties such as a maximum fine of $1,000 per violation.

Next Steps:

New York Employers should consult legal counsel to discuss the impact of the temporary mandate on their vaccination policies and practices.

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