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

Updated: Dec 8, 2021

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.


Established in 2019, New York City-based Weinstein + Klein is a boutique law firm focused on labor and employment law, litigation, and business matters. Weinstein + Klein works with businesses, individuals, and entrepreneurs to protect their legal interests. In addition to advising clients on employment matters and working with businesses to minimize their risk of litigation, Weinstein + Klein advises small businesses and start-ups on various business law matters. For more information about Weinstein + Klein, please visit