COVID-19: New York Office Reopening Guidance
June 15, 2021On June 15, 2021, New York State issued a press release stating that because 70 percent of New Yorkers aged 18 or older have received the first dose of their COVID-19 vaccination series, the “New York Forward industry specific guidelines—including social gathering limits, capacity restrictions, social distancing, cleaning and disinfection, health screening, and contact information for tracing—are now optional for . . . offices.” The press release added that “businesses are free to choose to lift all or some restrictions, continue to adhere to the State’s archived guidance, or implement other health precautions for their employees and patrons,” and that “[c]onsistent with the State’s implementation of the recent CDC guidance, masks are still required for unvaccinated individuals.”
This blog post is updated as additional guidance relevant to office reopening is published. These updates include:
The above updates are described in more detail below.
June 15, 2021. As of June 15, 2021, 70 percent of New Yorkers aged 18 or older have received the first dose of their COVID-19 vaccination series. Accordingly, the New York reopening guidance has now become optional. Businesses are free to choose to lift all or some restrictions, continue to adhere to the State’s archived guidance, or implement other health precautions for their employees and patrons. Consistent with the State's implementation of CDC guidance, masks are still required for unvaccinated individuals.
June 8, 2021. On June 8, 2021, New York updated the office reopening guidance to incorporate the CDC’s guidance on social distancing and mask wearing for vaccinated individuals. The updated guidance is available here.
June 7, 2021. Governor Cuomo announced that the New York office reopening guidance “will become optional” once 70 percent of New Yorkers aged 18 or older have received the first dose of their COVID-19 vaccination series.
May 19, 2021. On May 19, 2021, New York issued “Implementing CDC Guidance,” a summary of the CDC’s May 13, 2021 “Interim Public Health Recommendations for Fully Vaccinated People.” This summary clarifies that businesses, including offices, may require masks and six feet of social distancing for employees and/or patrons within their establishments or adhere to CDC guidance, which advises that fully vaccinated individuals do not need to wear masks or be socially distanced, but unvaccinated individuals must continue to wear masks and be socially distanced in most settings. In indoor settings where the vaccination status of individuals is unknown, the New York Department of Health strongly recommends masks and six feet of social distancing. Additionally, any mask requirements that businesses choose to implement must adhere to all applicable federal and state laws and regulations, such as the Americans with Disabilities Act.
March 16, 2021. Non-essential common areas, such as gyms, pools or game rooms, may reopen in accordance with any applicable industry-specific guidance. Specifically, gyms and fitness centers must follow the guidelines outlined in the Interim Guidance for Gyms and Fitness Centers during the COVID-19 Public Health Emergency; pool operations must follow the guidelines outlined in the Interim Guidance for Pools and Recreational Aquatic Spray Grounds During the COVID-19 Public Health Emergency; and recreational activities, such as pool and billiards, must follow the guidelines outlined in the Interim Guidance for Sports and Recreation during the COVID-19 Public Health Emergency.
As the COVID-19 situation continues to develop and the federal, state and local governments issue additional guidance, employers need to keep cognizant of new guidance and requirements. For more information, please visit S&C’s page regarding Coronavirus updates.
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This blog post is updated as additional guidance relevant to office reopening is published. These updates include:
- June 15, 2021 – The New York office reopening guidance became optional, because 70 percent of New Yorkers aged 18 or older have received the first dose of their COVID-19 vaccination series.
- June 8, 2021 – New York updated the office reopening guidance to incorporate the U.S. Centers for Disease Control and Prevention’s (“CDC”) guidance on social distancing and mask wearing for vaccinated individuals.
- June 7, 2021 – Governor Cuomo announced that the New York office reopening guidance “will become optional” once 70 percent of New Yorkers aged 18 or older have received the first dose of their COVID-19 vaccination series.
- May 19, 2021 – New York’s summary of CDC guidance clarifies that businesses, including offices, may require masks and six feet of social distancing for employees and/or patrons within their establishments or adhere to CDC guidance, which advises that fully vaccinated individuals do not need to wear masks or be socially distanced, but unvaccinated individuals must continue to wear masks and be socially distanced in most settings.
- May 15, 2021 – The total permissible number of occupants at any given time has been increased from no more than 50% to no more than 75% of the maximum occupancy for a particular area as set by the certificate of occupancy. The 75% maximum occupancy also applies to spaces including elevators, supply rooms, personal offices and vehicles, even when face coverings are worn.
- March 16, 2021 – Non-essential office common areas, such as gyms, pools or game rooms, may reopen in accordance with any applicable industry-specific guidance.
The above updates are described in more detail below.
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June 15, 2021. As of June 15, 2021, 70 percent of New Yorkers aged 18 or older have received the first dose of their COVID-19 vaccination series. Accordingly, the New York reopening guidance has now become optional. Businesses are free to choose to lift all or some restrictions, continue to adhere to the State’s archived guidance, or implement other health precautions for their employees and patrons. Consistent with the State's implementation of CDC guidance, masks are still required for unvaccinated individuals.
June 8, 2021. On June 8, 2021, New York updated the office reopening guidance to incorporate the CDC’s guidance on social distancing and mask wearing for vaccinated individuals. The updated guidance is available here.
June 7, 2021. Governor Cuomo announced that the New York office reopening guidance “will become optional” once 70 percent of New Yorkers aged 18 or older have received the first dose of their COVID-19 vaccination series.
May 19, 2021. On May 19, 2021, New York issued “Implementing CDC Guidance,” a summary of the CDC’s May 13, 2021 “Interim Public Health Recommendations for Fully Vaccinated People.” This summary clarifies that businesses, including offices, may require masks and six feet of social distancing for employees and/or patrons within their establishments or adhere to CDC guidance, which advises that fully vaccinated individuals do not need to wear masks or be socially distanced, but unvaccinated individuals must continue to wear masks and be socially distanced in most settings. In indoor settings where the vaccination status of individuals is unknown, the New York Department of Health strongly recommends masks and six feet of social distancing. Additionally, any mask requirements that businesses choose to implement must adhere to all applicable federal and state laws and regulations, such as the Americans with Disabilities Act.
- Businesses Following CDC Guidance. Businesses that decide to apply the CDC guidance may apply it to the entire establishment or a separate, designated part of the establishment. Businesses such as offices, that do not congregate patrons and/or that operate below the State’s social gathering limit of 250 indoors, and that choose to implement the CDC guidance, may require proof of full vaccination status through paper form, digital application, the State's Excelsior Pass, or, alternatively, may rely upon self-reporting of vaccination status (e.g., honor system).
- Businesses Not Following CDC Guidance. For businesses that decide not to follow the CDC guidance, all individuals must wear masks and maintain six feet of social distancing, and business capacity is only limited by the space available for patrons or parties of patrons to maintain the required social distance.
March 16, 2021. Non-essential common areas, such as gyms, pools or game rooms, may reopen in accordance with any applicable industry-specific guidance. Specifically, gyms and fitness centers must follow the guidelines outlined in the Interim Guidance for Gyms and Fitness Centers during the COVID-19 Public Health Emergency; pool operations must follow the guidelines outlined in the Interim Guidance for Pools and Recreational Aquatic Spray Grounds During the COVID-19 Public Health Emergency; and recreational activities, such as pool and billiards, must follow the guidelines outlined in the Interim Guidance for Sports and Recreation during the COVID-19 Public Health Emergency.
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As the COVID-19 situation continues to develop and the federal, state and local governments issue additional guidance, employers need to keep cognizant of new guidance and requirements. For more information, please visit S&C’s page regarding Coronavirus updates.