COVID-19: Comfort Zones - Overview of Business and Social Restrictions in New England
We stopped updating this alert on June 30, 2021. Please refer to state websites for more recent information; hyperlinks are provided to those websites in each state section below. Please also note that some localities have stricter rules.
A summary of current orders and remaining business restrictions is outlined below. All New England states have now removed remote work requirements, although remote work is still encouraged, and governments continue to recommend that businesses screen all entrants, including employees, for COVID symptoms. While the state of emergency has expired in most states in the region, please note that the Federal State of Emergency remains in effect. With the exception of Rhode Island, all New England states have kicked off the tourist season by lifting all domestic cross-border travel restrictions.
All New England states are now vaccinating residents ages 16 and over with all three vaccines with FDA emergency use approval, and residents over the age of 12 with the Pfizer vaccine. Many states have revised or removed their requirements for face coverings outdoors and for vaccinated persons indoors, although business and localities may be allowed to continue to require their use.
Please also note that despite these changes, the CDC continues to require all passengers and operators to wear face coverings while using all methods of public transportation, with limited exemptions, including while waiting, boarding, and traveling on planes, trains, subways, buses, taxis, and other public modes of transportation. The executive order requiring face coverings to be worn in all federal buildings is also still in effect.
|
CT |
ME |
MA |
NH |
RI |
VT |
|
|
State of Emergency Duration |
Expired |
Expired |
Expired |
Expired |
||
|
Cross-border travel restriction† |
None |
None |
None |
None |
Quarantine or negative test from hotspot states, unless vaccinated |
None |
|
Face coverings in public* |
Recommended indoors |
Indoors (in certain situations only) |
Recommended indoors |
Recommended indoors |
||
|
Penalties for non-compliance |
$100 |
n/a |
Up to $300 |
n/a |
$100 for first offense; $250 for second; $500 for third |
n/a |
† testing required for international travelers; CDC guidance for domestic travel recommended
* some exceptions apply; localities and businesses may have own rules; masks still required on public transportation, per CDC order
CONNECTICUT
state website available here
Other than the state’s updated mask requirements, Governor Lamont lifted all business sector restrictions in May. Connecticut’s current mask order requires face coverings indoors in public places for all unvaccinated persons who cannot maintain social distance of six feet from other persons. Exceptions still apply for those under the age of two, for people who cannot wear masks due to medical conditions, and for all persons while eating or drinking. Masks are still required for all people, regardless of vaccination status, in certain circumstances, like in health care facilities, schools, and other communal living facilities. As with many other states, Connecticut still allows businesses and localities to maintain their own mask rules, which patrons of private businesses must follow. More information is available here.
Enforcement of the mask requirement is outlined in the same order, noting that violators will be fined $100. Notably, an employer, rather than the employee, is liable for the fine for any employee’s failure to wear a required mask or cloth-face covering while at work.
Connecticut’s state of emergency is currently in effect through July 20, 2021. We note that in addition to the renewed state of emergency, Governor Lamont declared a new state of emergency to eliminate any confusion about the extent of his emergency powers, which will run concurrently with the original state of emergency.
MAINE
State website available here
Maine also lifted all capacity limits and physical distancing requirements for public indoor and outdoor gatherings in May and is instead deferring to the CDC’s sector-specific guidance, while recommending its own general guidance for all businesses in the state. Maine’s state of emergency expires on June 30.
Maine has realigned its face covering requirement with CDC guidance, with Order 39 now only requiring face coverings to be worn indoors in schools and childcare settings. This mask requirement expires on June 30, although Maine continues to recommend that all unvaccinated persons wear a mask while indoors. Businesses, including schools and childcare settings may continue to require masks.
MASSACHUSETTS
State website available here
Massachusetts lifted all remaining COVID-19 restrictions via Order 69 and businesses are able to open at 100% capacity, with all industries encouraged to follow CDC guidance for cleaning and hygiene protocols. Gathering limits and all face covering requirements were also lifted in May, with exceptions still in place for inside public schools and childcare programs, healthcare and communal living or care facilities, and as required on public transportation per CDC guidance. However, the Department of Public Health advisory recommends all unvaccinated residents to continue wearing face coverings indoors and whenever they cannot socially distance. However, please note that some communities may continue stricter COVID-19 restrictions locally.
Violations of the state’s mask requirement may be subject to a fine of up to $300 per violation.
The Commonwealth’s initial state of emergency expired on June 15, although a new public health emergency declaration is in place to continue certain public health measures, like those related to COVID testing, vaccinations, and other remaining risks.
NEW HAMPSHIRE
State website available here
All New Hampshire businesses operate subject only to Universal Best Practice, which does not include any capacity restrictions. However, it does not prevent any business or organization from taking additional precautions if it chooses to do so for the health and safety of its employees and consumers. New Hampshire’s state of emergency has expired. The Universal Best Practices suggest that businesses consider active screening or daily attestation of staff for COVID-19 symptoms or exposure. Screening guidance is available here. New Hampshire encourages, but no longer requires, face coverings in public spaces, although private businesses and localities may enact their own masking rules. There is separate guidance in place for overnight communal settings for children and K-12 schools.
RHODE ISLAND
State website available here
Rhode Island is the only state in New England that continues to maintain notable state-wide requirements relating to COVID-19, rather than moving to recommendations. In May, Order 57 lifted all remaining business and gathering restrictions. All organizations are still required to screen employees and customers entering their establishments. Businesses may post this sign informing visitors of the screening criteria to satisfy the screening requirement. Remaining requirements, including related to unvaccinated persons and those who have traveled recently, are included in Order 68. However, businesses do have the discretion to retain or implement capacity and masking policies. Best practices and precautions recommended based on activity are available here. Separate guidance is available for summer camps, hospital and nursing home visitation, and sports. Rhode Island’s state of emergency remains in effect through July 9, 2021.
Rhode Island no longer requires face coverings for vaccinated residents except for certain circumstances, like in health care or communal living or care settings. Those who are not fully vaccinated must continue to wear a mask indoors, with limited exceptions. More information is available here.
Rhode Island still requires quarantine or proof of a negative COVID test for all travelers from hot-spot states, except for those who are fully vaccinated. Violators of any COVID-19-related orders or restrictions will be subject to a civil penalty of $100 for a first violation, up to $250 for a second violation, and up to $500 for a third violation.
VERMONT
State website available here
As of June 14, Vermont entered Step 4 of its Vermont Forward plan, meaning that all business restrictions and requirements in Vermont have been lifted. Resources and recommendations for workplace safety related to COVID are available here. Separate guidance is available for healthcare providers, long term care facilities, schools, and child care providers. Restrictions related to events and gatherings have been lifted as well. Vermont’s state of emergency expired on June 15, 2021.
There are also no longer any state-wide mask mandates, although masks are recommended for unvaccinated children in indoor care and camp setting this summer.
For questions on how these orders affect your business, please contact firm attorneys Kathleen Hamann, Suzanne King, or Sarah Remes.
RECENT UPDATES AND DIRECTORY OF COVID-19 ATTORNEYS & RESOURCES
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