As employers in New York State, the workplace guidance from the NY Forward reopening requirements are still in effect. The CDC guidance specifically states:
“Update that fully vaccinated people no longer need to wear a mask or physically distance in any setting, except where required by federal, state, local, tribal, or territorial laws, rules, and regulations, including local business and workplace guidance.” See Full guidance here,
To read the today’s announcement, please click here:
To implement the CDC's guidance, New York State will be revising the following reopening guidelines to take effect on May 19:
Business Mask Rules
Given that the CDC has advised that fully vaccinated individuals do not need to wear masks and over 52 percent of New Yorkers over the age of 18 are fully vaccinated, the State will authorize businesses to continue to require masks for all in their establishments, consistent with the CDC guidance. In most settings, vaccinated individuals will not be required to wear a mask. Unvaccinated individuals, under both CDC and state guidance must wear masks in all public settings.
The Department of Health strongly recommends masks in indoor settings where vaccination status of individuals is unknown. Mask requirements by businesses must adhere to all applicable federal and state laws and regulations.
This recommendation will apply across commercial settings, including retail, food services, offices, gyms and fitness centers, amusement and family entertainment, hair salons, barber shops and other personal care services, among other settings.
Business Capacity Rules
As previously announced, most business capacities — which are currently based upon percentage of maximum occupancy — will be removed on May 19. Businesses will only be limited by the space available for patrons or parties of patrons to maintain the required social distance of 6 feet.
However, given that the CDC has advised that fully vaccinated individuals do not need to maintain social distance, businesses may eliminate the 6 feet of required social distancing, and therefore increase capacity, only if all patrons within the establishment -- or a separate designated part of the establishment -- present proof of full vaccination status. Proof of full vaccination status can be provided by patrons through paper form, digital application, or the State's Excelsior Pass.
For areas where vaccination status of individuals is unknown and for patrons who do not present proof of full vaccination status, the required social distance of 6 feet still applies until more New Yorkers are fully vaccinated. This change will apply across all commercial settings, except the exempt settings outlined by the CDC.
