The day we’ve all been waiting for is finally here! Governor Cuomo announced today that effective immediately, the state-mandated COVID-19 restrictions and requirements regarding social gathering limits, capacity restrictions, distancing, health screening, cleaning/disinfection protocols and collection of contact information for tracing purposes are lifted across almost all commercial and social settings, including food services, events (less than 5,000 people indoors), offices, buildings, personal care services, retail, malls, movie theaters, construction, manufacturing, trade, child care, and more. The state is expected to pull down obsolete industry-specific Interim Guidance shortly.
Accordingly, employers in these industries are no longer required to screen employees prior to working, ensure compliance with a site safety plan or otherwise comply with the other myriad requirements of the Interim Guidance specific to their workplace. However, businesses may continue to impose COVID-related restrictions on employees and patrons at their election, including with respect to masks, distancing and health screenings. Also, please note that today’s announcement does not apply to health care settings, pre-k to 12 schools, public transit, homeless shelters, correctional facilities, nursing homes or large-scale indoor event venues (now defined as indoor venues that hold more than 5,000 attendees).
Fully vaccinated individuals no longer need to wear masks either indoors or outdoors or maintain social distance, but unvaccinated individuals remain required to wear masks in accordance with CDC guidance. In addition, all individuals, regardless of vaccination status, will still be required to wear masks on public transit, in health care settings and in schools.
Finally, please note that while virtually all COVID-related restrictions have been lifted, the NY Quarantine Leave law is still in effect until further notice. Accordingly, employees who advise their employer that they are under a mandatory or precautionary order of quarantine due to COVID-19 (which at this point will likely be due to their having tested positive for COVID-19 or otherwise seeking a COVID-19 diagnosis) must still be provided with job-protected time off from work. As a reminder, NY Quarantine Leave is either unpaid, partially-paid or fully-paid depending on employer size.
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If you have questions or would like additional information, please contact any of our Labor & Employment attorneys or the primary EGS attorney with whom you work.
