As we previously reported, in December New York Governor Kathy Hochul issued a mandate requiring that masks be worn in all indoor public places, unless the business or venue requires proof of vaccination for entry.  As part of the state’s “Winter Surge Plan 2.0”, the mandate, which was initially set to expire on January 15, has now been extended for an additional two weeks, through February 1, 2022.

According to FAQs issued by New York Department of Health, the mandate, which provides businesses and venues with the option of requiring masks or proof of vaccination as a condition of entry, applies to employees working in offices. Accordingly, if the employer does not require proof of vaccination as a condition of entry into the office space, everyone must wear masks at all times regardless of vaccination status, except when (1) eating or drinking, or (2) alone in an enclosed room.

New York State has issued posters which businesses and venues may choose, but are not required, to display: a Mask Mandate Poster available in English and Spanish, a Proof of Vaccination Poster available in English and Spanish, and a Face Masks for COVID-19 Poster available in English.

We will continue to monitor developments regarding New York State’s mask mandate and any further extensions.