New York Governor Andrew Cuomo

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As we detailed last week, on April 12, New York Governor Andrew Cuomo issued an executive order requiring all essential businesses to provide their employees with “face coverings” to be worn when the employees are “in direct contact with customers or members of the public.”  The New York State Department of Health (DOH) has now issued guidance clarifying and providing parameters for essential businesses seeking to comply with this mandate.  We will summarize the material facets of that guidance below.

What constitutes “face coverings” and “direct contact”?

To start, the DOH’s guidance clarifies that face coverings include, but are not limited to, cloth-based coverings (e.g., homemade sewn, quick cut, or bandana), surgical masks, N-95 respirators, and face shields.  The guidance also refers employers to CDC materials concerning cloth face covers and other PPE, as well as instructions on use and cleaning.

In addition, the DOH’s guidance explains that individual employers may interpret the phrase “direct interaction with the public,” as used in Governor Cuomo’s executive order, as it relates to their specific workplaces.  Nevertheless, according to the DOH, such phrase, at a minimum, includes any employee who is routinely within close contact (i.e., six feet or less) with members of the public, including but not limited to customers or clients.Continue Reading New York issues guidance on face coverings for essential businesses

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.Continue Reading Essential New York businesses must provide “face coverings” to public-facing employees