New York State Dept. of Health Issues Emergency Rule on Face Coverings

Date: July 14, 2020

Became effective July 9th

The New York State Dept. of Health issued an emergency rule on enforcing social distancing and face coverings, effective July 9th. The emergency rule requires businesses and building owners to deny admittance to any person who fails to comply with the face covering requirements AND requires businesses and building owners to compel the persons’ removal. The emergency rule must be applied in a manner consistent with the federal Americans with Disabilities Act, New York State or New York City Human Rights Law, and other applicable laws.

The emergency rule also assesses penalties for violations, including a civil penalty of up to $1,000 per violation by individuals, and a civil penalty of up to $2,000 per day for violations by businesses.

NFIB opposes the emergency rule and is working towards an improved policy. This regulation, as it stands, puts businesses, building owners, and employees at risk of confrontations with customers and presents significant liability issues.

NFIB needs to hear from you! Have you or your employees been forced to confront a customer refusing to wear a face covering? Did the interaction result in a verbal or physical confrontation? These stories can be instrumental in helping us make our case to state officials and ultimately change this onerous regulation. Click here to share your story!

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