The CDC Lifts Mask Mandates for Vaccinated Individuals - What Does it Mean for NJ and NY Businesses?

Yesterday, the Centers for Disease Control and Prevention (CDC) announced significant changes to its COVID-19 public health recommendations for fully vaccinated people. According to the CDC, fully vaccinated individuals do not need to wear masks or socially distance “in any setting.” The CDC did, however, include an exception for when masks and social distancing are still required by federal, state, or local laws, or by a business.

The CDC’s change in its recommendation has many business owners questioning what this means for their business and employees. Given the current Executive Orders in effect in New Jersey and New York, the CDC’s recommendations do not change any of the current restrictions, including the requirement that all employees (and the public in general) must socially or wear masks in most situations. Neither state currently exempts vaccinated individuals from that requirement.

Assuming New Jersey and New York soon follow the CDC’s new recommendation, businesses will have a number of decisions to make. For example, a business would have to decide whether or not to require vaccinated employees to wear masks or social distance. Similarly, businesses will need to decide whether to require masks for all visitors or only non-vaccinated individuals. If a business decides to not require masks for vaccinated individuals it will also need to decide if, and how, to verify an employee’s or visitor’s vaccination status. These are decisions that should be made with the assistance of counsel.

If you have questions about your business’s COVID-19 obligations, please contact us at (201) 345-5412 / (646) 503-5358 or through our online scheduling system to set up a complimentary consultation.