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What now? Managing in the twilight of COVID-19

April 2022 employment law letter
Authors: 
Paul J. Sweeney, Coughlin & Gerhart, LLP

Apparently, the “science” changed. And fast. In the blink of an eye, Governor Kathy Hochul and New York City (NYC) Mayor Eric Adams, citing reduced risk from COVID-19, lifted mask mandates covering many employers and workers across the state. It almost feels like the pandemic is at an end. Despite the optics of the maskless masses, employers should understand not everything has changed and remain in compliance with contrary federal, state, and local laws and regulations. In addition, some key vaccine mandates affecting federal contractors and employers with more than 100 employees remain in limbo.

Background

On February 10, 2022, New York State’s unpopular mask requirement for employers without a mandatory vaccination policy expired. Unless they had a mandatory vaccine policy, the New York regulation required masking by all workers and customers regardless of the individual’s vaccination status. Of course, New York’s change of heart coincided with the sudden end of mask mandates in the neighboring states of Massachusetts, Connecticut, and New Jersey. Effective March 2, Governor Hochul lifted the mask requirement affecting public schools.

On March 4, Mayor Adams announced two big changes, which took effect March 7:

“Key to NYC” rules suspended. Indoor venues, including restaurants, fitness facilities, and entertainment spaces, are no longer required to check for proof of vaccination before customers enter. Businesses previously covered by the Key to NYC rules will still have the flexibility to require proof of vaccination or masking indoors if they choose.

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