New York to Lift Mask-or-Vax Mandate, But HERO Act Masking Remains in Place For Now

Seyfarth Synopsis: Governor Hochul announced that she will lift the mask-or-vaccinate mandate for all public places of business on February 10, 2022.  However, employees must continue to mask under the New York HERO Act through at least February 15, 2022.

Earlier today, New York Governor Hochul announced that she would let the mask-or-vaccinate mandate for all public places of business expire as of February 10, 2022.  As discussed here, here, and here, the Governor previously ordered face coverings be worn by employees, customers, and visitors in all indoor public places – including offices – unless the business or venue required proof of vaccination to enter.  This order was previously extended until February 10.  With today’s announcement, most businesses (other than those in certain healthcare, school, and transportation settings) will no longer have to ensure that customers and visitors are masked to enter their premises after today. 

However, New York employers remain covered by the NY HERO Act, which, through at least February 15, requires all employees to wear masks unless everyone on-site (not just employees) is fully vaccinated.  This requirement remains in place as long as the Health Commissioner continues to designate COVID-19 as highly transmissible and the current designation is in place through February 15.  There have been no reports whether the designation will be extended for a fifth time in the coming days.

Seyfarth will continue to monitor developments in this space and provide updates when available.