The New York Governor’s 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 (“essential”) employees.  Significantly, the employees of cooperatives, condominiums and other multiple dwellings are considered essential (e.g. doormen, superintendent, porters, concierge, managing agents). 

An important facet of this order is the stipulation that employers must supply its employees with face coverings at the employers’ expense. Due to the shortage of 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.  Complete information about the Governor’s Executive Order 202.16 may be found here.

As always, ARC is grateful to attorneys Marc Luxemburg of Gallet Dreyer & Berkey, LLP and Robert Sparer of Clifton Budd & DeMaria, LLP for their continuing guidance and professional advice in these matters.