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New York loosens masking protocols for the fully vaccinated

June 2021 employment law letter
Authors: 
Paul J. Sweeney, Coughlin & Gerhart, LLP

On May 17, 2021, Governor Andrew Cuomo joined the U.S. Centers for Disease Control and Prevention (CDC) in relaxing masking and social distancing protocols in most cases for people fully vaccinated from COVID-19. The timing of the new guidance was interesting because the “science” hasn’t changed on the known low risk of infection to fully vaccinated individuals. The change, which took effect on May 19, has the exceptions recognized by the CDC. The guidance also has some interesting proof of vaccination (POV) aspects. Read on to understand how the new protocols affect your business and why the relaxation of masking rules could create new pitfalls.

Background

As part of the “NY Forward” plan, the state continued with mandatory masking and social distancing protocols, among other burdens, if a business wished to reopen on a phased approach. The protocols required most workers and customers to wear masks in many indoor circumstances and maintain a minimum of six feet of social distancing with others. In addition, they put caps on the number of individuals who could be in an enclosed space (like a room or an elevator), eat indoors at a restaurant or bar, or attend a group event.

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