Yesterday, the CDC announced revised mask guidance for fully-vaccinated individuals. The CDC now recommends that fully-vaccinated individuals wear a mask while indoors in public if they are in an area of "substantial" or "high" COVID-19 transmission to both maximize protection from the Delta variant and prevent possibly spreading it to others. The CDC made a state- and county-specific COVID-19 transmission level tracker available here. We note that while most of NYS is in the low to moderate range, NYC and Long Island are presently in the "substantial" category (with Staten Island in the "high" category).
In addition, the CDC has advised that all individuals in K-12 school - including teachers, staff, students and visitors - should wear a mask indoors at all times, regardless of vaccination status.
At present, there are no new "requirements" regarding mask-wearing in NYS or NYC. However, this morning, Governor Cuomo announced that NYS will be doing a full review of the updated CDC guidance to determine whether the state's mask rules should be revised, and suggested that local governments review and strongly consider the revised CDC guidance in the interim. Mayor de Blasio said earlier today that the city is "assessing" the new CDC guidance and will provide an update on mask requirements in the coming days.
Governor Cuomo also asked businesses to consider admitting only vaccinated individuals, in part to reduce the spread of COVID-19 and in part to incentivize the unvaccinated to obtain a COVID-19 vaccine.
The above steps are not mandatory, and businesses currently have full discretion as to whether to implement mask and/or vaccination policies.
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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.
