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Latest Compliance News

New York adds temporary winter mask mandate

01/06/22

Author: ADP Admin/Thursday, December 16, 2021/Categories: Compliance Corner

This notice is to inform you that New York’s Governor Kathy Hochul has announced a temporary mask mandate for businesses and venues unless they implement a vaccine requirement. The mandate will be in effect from Dec. 13, 2021, until Jan. 15, 2022, unless it’s extended.

The details:

Starting Dec. 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 the proof of fully being vaccinated 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 World Health Organization-approved vaccines for these purposes.

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. Please contact your dedicated service professional with any questions.