e-Alerts

e-Alert: New York State Court Strikes Down Statewide Mask or Proof Requirement

By February 9, 2022 No Comments

Background

On January 24, 2022, the NYS Supreme Court in Nassau County struck down New York State’s COVID-19 mask-or-proof of vaccination requirement for indoor public places, arguing that the NYS Department of Health did not have the legal authority to implement such regulation without the state legislature’s approval. On January 25, 2022, the NYS Appellate Division granted a stay (suspension) of the Nassau County Court’s decision pending determination of the State’s appeal.

Summary

Current Directive

NY Governor Kathy Hochul reimplemented a directive, effective December 15, 2021, that all indoor public places were ordered to require mask wearing by all individuals (regardless of vaccination status) unless full COVID-19 vaccination was a condition of entry.

  • Based on the stay granted by the NYS Appellate Division, the directive remains in place.
  • The directive was initially effective through January 15, 2022 but has now been extended through February 10, 2022.

Employer Next Steps

  • NY employers must require employees to wear appropriate face covering in accordance with guidance from NYS Department of Health or the CDC.
  • If you are a Full-Service or Virtual HR client and would like our assistance with updating your policy, please email us.

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This content is provided with the understanding that HR Knowledge is not rendering legal advice. While every effort is made to provide current information, the law changes regularly and laws may vary depending on the state or municipality. The material is made available for informational purposes only and is not a substitute for legal advice or your professional judgment. You should review applicable laws in your jurisdiction and consult experienced counsel for legal advice. If you have any questions regarding this content, please contact HR Knowledge at 508.339.1300 or email us.

 

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