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Cuomo Orders Employers to Provide “Face Coverings” for External-facing Employees

By Salvatore G. Gangemi on April 15, 2020
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Governor Cuomo’s most recent executive order requires employees “present in the workplace” to wear “face coverings” when in “direct contact with customers or members of the public.”  The order further requires that employers pay for and provide such face coverings.  The order is effective Wednesday night, April 15, 2020 at 8:00pm.

While the order does not comprehensively define “face covering,” regular cloth masks are sufficient.  Employers need not seek N-95 surgical masks, which are already in notoriously short supply for front line health care workers.

The executive order follows similar mandates from Mayor Bill de Blasio for New York City workers and Governor Phil Murphy for New Jersey workers and customers.  Connecticut’s Essential Safe Store Rules already require external-facing employees to wear face masks and gloves.

The state-specific orders build on the Center for Disease Control’s recent guidance that anyone in public should utilize a cloth face covering.

As COVID-19 related employment guidance keeps rolling out at a furious pace, please contact Murtha’s employment group for assistance interpreting or implementing Governor Cuomo’s new order, or any other law concerning the pandemic.

Photo of Salvatore G. Gangemi Salvatore G. Gangemi

Salvatore G. Gangemi, a partner at Murtha Cullina, is a veteran labor and employment lawyer with nearly 30 years of litigation and counseling experience.

Employers from across the industry spectrum, including established companies in the senior living and health care fields; manufacturing, construction…

Salvatore G. Gangemi, a partner at Murtha Cullina, is a veteran labor and employment lawyer with nearly 30 years of litigation and counseling experience.

Employers from across the industry spectrum, including established companies in the senior living and health care fields; manufacturing, construction, retail and service firms; and emerging companies, seek Sal’s legal counsel to navigate today’s complex local, state and federal employment laws. His practice includes resolving disputes; advocating in courts and before administrative agencies; counseling on employment-related issues arising from acquisitions; and guiding clients in both long-range strategy and day-to-day administration of their workplaces and employees.

At the federal level, Sal brings extensive experience in OSHA investigations, audits and proceedings; the Fair Labor Standards Act (FLSA); Title VII discrimination matters; the Age Discrimination in Employment Act (ADEA); the Americans with Disabilities Act (ADA); and the Family Medical Leave Act (FMLA). He is also well-versed in state and local employment regulations.

Sal regularly represents clients in matters before the Equal Employment Opportunity Commission (EEOC), the U.S. Department of Labor and other federal agencies. On the state level, he appears before the New York State Division of Human Rights; the New York City Commission on Human Rights; the Connecticut Commission on Human Rights and Opportunities; the Connecticut Department of Labor; and the New York State Department of Labor. He has litigated cases involving misappropriation of trade secrets, restrictive covenants, breach of employment contract, fiduciary duty and other work-related common law claims.

Clients rely on Sal’s advice on routine human resources matters that arise in their businesses, including requests for reasonable accommodation for those with disabilities, family and medical leave issues, hiring and termination, and wage and hour concerns. Known for his proactive approach to identifying issues before they escalate, he conducts compliance training on sexual harassment prevention and other topics, performs worker classification practice and policy audits, and drafts employment policies and agreements. Sal shares his knowledge of the ever-evolving employment law landscape by speaking at events, conducting continuing legal education seminars and writing articles for a variety of publications.

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  • Posted in:
    Employment & Labor
  • Blog:
    Employment Law Perspectives
  • Organization:
    Murtha Cullina LLP
  • Article: View Original Source

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