Christopher P. Maugans, an associate in Goldberg Segalla’s Employment and Labor group, spoke with Buffalo Business First and WGRZ about New York State’s updated protocols for traveling out of state for the upcoming holidays.
For Business First, Chris broke down the guidelines for short-term and long-term travel, including how travelers are required to complete a form issued by the Department of Health and take a COVID-19 test after returning. For long-term specific travel, a traveler must obtain a test with a negative result within three days of departure from the destination and quarantine for three days upon returning to New York. However, on the fourth day of quarantine, if the traveler receives a negative test result, they can leave quarantine.
“Whichever bucket you’re falling into here, you’re still supposed to fill the form out,” Chris said to Buffalo Business First. “It doesn’t matter if you’re coming in on plane or on a train or a bus; everyone is still supposed to fill out this form.”
Speaking with WGRZ, Chris went into greater depth about the difficulty of enforcing the state’s new holiday travel rules, noting the state’s steep penalties for violations but pointing out the absence of any apparent surveillance or enforcement mechanisms.
“It is deemed a public health violation and the fines can go up to $10,000,” Chris said to WGRZ. “But really, the enforcement is on local law enforcement. It’s easier to do at the airports. There are people there that are waiting for travelers to come and make them fill out the traveler form that’s required, but people that are driving in and out of the state or if they’re coming from a non-border state, it really is hard to enforce. It’s sort of what the person has and what their appetite for risk is. You don’t want to be that unlucky person that does get caught, so maybe you don’t do it. It’s tough to enforce, but you have to balance the risk and reward there.”
“With the Holidays Coming, Here’s What to Know about New York’s New Travel Rules,” Buffalo Business First, November 10, 2020
VIDEO—“Tuesday Town Hall Segment Three,” WGRZ, November 10, 2020
“New York Changes Route on Travel Advisory: Test-Out Optional for COVID-19 Quarantine,” Goldberg Segalla Client Alert, November 2, 2020
Christopher P. Maugans concentrates his practice in complex commercial litigation and matters involving employment and labor law. With a focus on serving both public- and private-sector clients, Chris handles matters involving discrimination claims, improper-practice charges, employee grievance arbitrations, General Municipal Law 207-c proceedings, and New York Education Law 3020-a hearings, as well as proceedings under Article 75 and Article 78 of the New York Civil Practice Law and Rules (CPLR). Chris helps clients prepare for and navigate trials, mediations, arbitrations, and hearings before the National Labor Relations Board (NLRB), Public Employment Relations Board (PERB), Equal Employment Opportunity Commission (EEOC), and the New York State Division of Human Rights (DHR). He regularly counsels clients and litigates the enforceability of restrictive covenants in employment agreements, including non-competition and non-solicitation provisions.