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Effective May 19, 2021, New York State has adopted the Centers for Disease Control and Prevention’s May 13 “Interim Public Health Recommendations for Fully Vaccinated People” for most commercial operations and public settings. Questions remain, however, as to how employers can implement this guidance given that it may be difficult to determine who is fully vaccinated,
1 and how to maintain different safety rules simultaneously for different populations. The recently passed NY HERO Act, which will impose new requirements in the coming weeks, further complicates the picture for New York employers.