As we detailed in a prior post, on March 20, New York Governor Andrew Cuomo issued an executive order barring virtually all “in-person” work within the Empire State. The Governor exempted from his executive order, however, certain essential businesses and entities providing essential services and functions. Such businesses and entities were permitted to continue operating.

On the heels of his prior edicts, Governor Cuomo has now issued an executive order requiring all essential businesses that remain open to furnish to their “in-person” employees “face coverings” that must be worn when such employees are “in direct contact with customers or members of the public.” The order places the burden of providing such “face coverings” on the employer (and at their expense). This latest New York executive order is similar to, but does not go as far as, a recent order issued by New Jersey Governor Phil Murphy.

Violations of the Governor’s latest executive order, which takes effect at 8:00 p.m. on April 15, can result in both civil and criminal penalties. Non-compliant businesses also face the possibility of tort and other types of liability.

Reed Smith’s attorneys will continue to monitor the status of operations in New York and throughout the country.  If you have any questions about the impacts on your operations, our team is available to assist.