Client Alert: NY Essential Businesses Must Provide Face Coverings For Employees

Dear friends and colleagues,

Effective tonight at 8:00 p.m., all essential businesses in New York must provide face coverings to their employees. Pursuant to Governor Cuomo’s Executive Order:

Any employees who are present in the workplace shall be provided and shall wear face coverings when in direct contact with customers or members of the public. Businesses must provide, at their expense, such face coverings for their employees.

Some points to highlight here:

  • The Executive Order requires “face coverings”, not necessarily masks. While the Executive Order stops short on details, it’s likely safe to assume that CDC approved “cloth face coverings” will suffice (and not, for example, something more specialized like an N95).
  • It’s the employer’s responsibility to provide these face coverings and to do so at its own cost. However, nothing in the Executive Order precludes employees from using their own face coverings (so long as they meet the CDC’s guidelines).

As always, we’ll continue to provide more information as it’s released. In the meantime, stay safe and let us know if you have any questions. We’re here to help.

« »
Lawyering differently.