ATTENTION NEW YORK EMPLOYERS: New York State Extends Mask Mandate and HERO Act Designation

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By Abby H. Natelson, Esq.

The New York Commissioner of Health has extended New York State’s indoor mask mandate. As previously reported in NFC’s December 16, 2021 e-Alert, any indoor business space that is not a private residence in New York State and does not require proof of vaccination to enter must require that all employees and patrons two years and older wear a mask at all times while indoors, except when patrons are actively eating or drinking, unless the business or venue requires proof of vaccination to enter, as of December 13, 2021. 

While the initial measure was effective through January 15, 2022, the Commissioner has now extended the mask mandate to remain in effect through February 1, 2022. 

The New York Commissioner of Health has also extended the designation of COVID-19 as a highly contagious communicable disease that presents a risk of harm to the public (see previous announcements in NFC’s November 3, 2021 e-Alert and NFC’s December 16, 2021 e-Alert). 

This designation means that employers must keep their HERO Act Airborne Infectious Disease Prevention Plans activated through at least February 15, 2022.


NFC will continue to keep you apprised of developments relating to NY and NYC COVID-19 requirements. If you have any questions relating to COVID-19 policies or would like guidance relating to your policy, please feel free to reach out to the NFC Attorney with whom you typically work or contact NFC’s COVID-19 Response Team at 973.665.9100.

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