face coverings

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Like many U.S. states, Pennsylvania has experienced a sharp rise in COVID-19 cases in recent weeks.  On November 17, 2020, the Pennsylvania Department of Health took aggressive steps targeted at mitigating spread of the virus within the Commonwealth by issuing new orders that impose stricter face mask requirements and introduce new requirements for testing and quarantine following out-of-state travel.  For more information on the newly implemented travel requirements and how employers may be impacted, see Part II of this article, available here.
Continue Reading Pennsylvania employers and employees receive the gift of new face covering requirements for the holiday season (Part I)

On June 18, 2020, the California Department of Public Health (CDPH) issued guidance mandating that face coverings be worn state-wide. While several California counties and cities have passed local laws requiring face coverings over the past few months, state public health officials had only previously recommended the use of face coverings.

Face covering requirements

People in California must wear face coverings when:

  • Inside of, or in line to enter, any indoor public space;
  • Obtaining services from the healthcare sector in settings including, but not limited to, a hospital, pharmacy, medical clinic, laboratory, physician or dental office, veterinary clinic, or blood bank;
  • Waiting for or riding on public transportation or paratransit or while in a taxi, private car service, or ride-sharing vehicle;
  • Engaged in work, whether at the workplace or performing work off-site, when:
    • Interacting in-person with any member of the public;
    • Working in any space visited by members of the public, regardless of whether anyone from the public is present at the time;
    • Working in any space where food is prepared or packaged for sale or distribution to others;
    • Working in or walking through common areas, such as hallways, stairways, elevators, and parking facilities;
    • In any room or enclosed area where other people (except for members of the person’s own household or residence) are present when unable to physically distance.
  • Driving or operating any public transportation or paratransit vehicle, taxi, or private car service or ride-sharing vehicle when passengers are present. When no passengers are present, face coverings are strongly recommended.
  • While outdoors in public spaces when maintaining a physical distance of six feet from persons who are not members of the same household or residence is not feasible.

Continue Reading California now requires face coverings in public

On June 19, 2020, Harris County Judge Lina Hidalgo issued an order (the Order) requiring businesses in Harris County, Texas, that provide goods and services directly to the public to develop, post, and implement a health and safety policy that requires employees and visitors age 10 and older to wear face coverings when in…

As we have previously reported, several states, including New Jersey, New York, Connecticut and Pennsylvania, now require employees, customers and/or the public to wear face coverings.  As we have also written about, in other states, like California, local governments are leading the way.  For example, Bay Area counties Sonoma, Marin, San Francisco, San Mateo, Alameda, and Contra Costa all require face coverings to some degree.  Since then, additional California municipalities have also joined, including San Bernardino, Riverside, Beverly Hills, Burbank, Carson, Inglewood, Los Angeles, Long Beach and Pasadena.  Links to our prior publications on these location-specific mandates can be found below.

Other states and municipalities continue to follow suit.  As of April 17, employees of essential businesses in Hawaii must wear face coverings.  On April 18, Maryland established a similar requirement for employees, as well as customers over nine years of age. Like California, in states that are not currently requiring face coverings, some local governments have taken the initiative to establish their own requirements.  For example, in Illinois, Cicero, Glenview, Highland Park, Morton Grove, Niles, Skokie and Wilmette have each implemented some type of face covering requirement.  Municipalities in other states that have joined the movement include Laredo, Texas; Miami, Florida; Northampton, Massachusetts; and Chickasaw, Oklahoma.
Continue Reading Employers must face it: Face covering requirements growing across states and municipalities

As the Garden State continues to battle the COVID-19 pandemic, New Jersey Governor Phil Murphy has signed Executive Order 125, expanding the industries subject to additional mitigation requirements.  This Executive Order includes similar requirements to those set forth in Executive Order 122, discussed here, but applies these requirements to the Restaurant and Transportation Industries.

Bars and dining establishments are already subject to restrictions limiting their services to delivery and takeout.  Under Executive Order 125, they must also adopt policies that, at a minimum:
Continue Reading New Jersey implements additional mitigation requirements for restaurants and transit providers

As we detailed last week, on April 12, New York Governor Andrew Cuomo issued an executive order requiring all essential businesses to provide their employees with “face coverings” to be worn when the employees are “in direct contact with customers or members of the public.”  The New York State Department of Health (DOH) has now issued guidance clarifying and providing parameters for essential businesses seeking to comply with this mandate.  We will summarize the material facets of that guidance below.

What constitutes “face coverings” and “direct contact”?

To start, the DOH’s guidance clarifies that face coverings include, but are not limited to, cloth-based coverings (e.g., homemade sewn, quick cut, or bandana), surgical masks, N-95 respirators, and face shields.  The guidance also refers employers to CDC materials concerning cloth face covers and other PPE, as well as instructions on use and cleaning.

In addition, the DOH’s guidance explains that individual employers may interpret the phrase “direct interaction with the public,” as used in Governor Cuomo’s executive order, as it relates to their specific workplaces.  Nevertheless, according to the DOH, such phrase, at a minimum, includes any employee who is routinely within close contact (i.e., six feet or less) with members of the public, including but not limited to customers or clients.Continue Reading New York issues guidance on face coverings for essential businesses

As we detailed in a prior post, on March 20, New York Governor Andrew Cuomo issued an executive order barring virtually all “in-person” work within the Empire State. The Governor exempted from his executive order, however, certain essential businesses and entities providing essential services and functions. Such businesses and entities were permitted to continue operating.

On the heels of his prior edicts, Governor Cuomo has now issued an executive order requiring all essential businesses that remain open to furnish to their “in-person” employees “face coverings” that must be worn when such employees are “in direct contact with customers or members of the public.” The order places the burden of providing such “face coverings” on the employer (and at their expense). This latest New York executive order is similar to, but does not go as far as, a recent order issued by New Jersey Governor Phil Murphy.Continue Reading Essential New York businesses must provide “face coverings” to public-facing employees