Social distancing. Work from home. No social gatherings. New York’s state and city officials have imposed these restrictions on its communities in order to thwart the transmission of COVID-19, which has infiltrated every aspect of life in New York.

Executive Order 202.16, issued on April 12, 2020, has now made it mandatory (as of 8:00 p.m. on April 15, 2020) for all essential employees who come into direct contact with customers or members of the public to wear “face coverings.” While many have already opted to undertake this precautionary measure, Governor Cuomo has now made it a requirement for certain employees.

In addition, starting Friday, April 17th, at 8 PM, everyone over the age of 2 must wear a mask or cloth face-covering over their nose and mouth when in a public place if unable to maintain a minimum 6-foot social distancing. (Executive Order 202.17.)

While “essential services” (and by extension, their employees) have been defined by Executive Order 202.6, other portions of the recent order have not been, such as what may constitute “direct contact.” In this environment, however, it is best to err on the side of caution and prevention. 

Employers must supply their employees with face coverings at the employers’ expense. Due to the shortage or delay in the delivery of some supplies, employers may need to get creative in fulfilling this requirement, temporarily using makeshift substitutes. Lack of supplies is not likely to relieve an employer of its obligation, as violations carry a penalty of up to $2,000 per instance and a potential charge of a misdemeanor for a willful violation.
 

Coops and Condos:

Significantly, the employees of cooperatives, condominiums, and other multiple dwellings are considered essential (e.g. doormen, superintendent, porters, concierge, managing agents). These individuals regularly come into contact not only with the building residents but also with visitors, delivery persons, letter carriers, and the like. This latest order is a directive for all to exercise an additional degree of caution given the potentially wide circle of contacts.
In conjunction with other precautionary measures, Executive Order 202.16 augments the ongoing endeavors to battle the pandemic.
 
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