The following is courtesy of Seyfarth Shaw LLP:

Seyfarth Synopsis: New York Governor Andrew M. Cuomo, New Jersey Governor Phil Murphy, and Connecticut Governor Ned Lamont have been actively reviewing and easing their state’s respective COVID-19 pandemic restrictions.  Notably, beginning on May 19, 2021, the tri-state is lifting most industry capacity restrictions, and replacing them by restricting businesses only based upon the amount of space necessary to maintain six feet of social distancing between unrelated parties.  Occurring nearly simultaneously, the CDC has announced a lowering of masking requirements for fully vaccinated persons, subject to state, local, or business restrictions.  This masking guidance also has been approved by the Occupational Safety and Health Administration (“OSHA”) and each state has taken a position on masking requirements, although each state differs in its approach.  As might be expected, while the tri-state area is generally enacting a more pared down list of COVID-19 restrictions, it seems likely there will be some level of clarification needed to make the reduced restrictions and updated masking regulations less confusing and subject to good faith implementation by employers and places of business.  In addition, each state will continue to have at least some industry-specific guidance or other general regulations that may add additional restrictions.  A brief, generalized summary of the current situation is that COVID-19 restrictions appear to be easing, but there will be some confusion until the details are fully hashed out.

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