Facing Your Face Mask Duties – A List of Statewide Orders, as of April 22, 2020

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Governors and public health officials across the country have implemented stringent measures to help contain the spread of COVID-19, such as stay at home orders. Yet even as businesses begin to reopen, face coverings are likely to remain popular as a preventative measure. Numerous jurisdictions have encouraged—or mandated—citizens to wear face coverings when out in public, especially when social distancing cannot be maintained effectively. Some directives also obligate employers to provide masks to their employees.

This post, current as of April 22, 2020 at 7:00 p.m. (CDT), identifies the jurisdictions where face coverings are recommended or required. We will update this list regularly but expect it will become outdated quickly as new announcements are made. As of this posting, recent announcements affect Colorado, Connecticut, New Jersey, and Texas.

Note that this list does not include face covering guidance at the local level. As a result, employers should monitor news outlets and consult with counsel for details on additional orders that may apply to their operations.

Jurisdiction

Requirement or Recommendation

Specifics

Federal

Recommendation

CDC recommends that everyone wear a cloth face covering in public settings where other social distancing measures are difficult to maintain, especially in areas of significant community-based transmission.

OSHA recommends allowing workers to wear masks over their nose and mouth to prevent them from spreading the virus.

Alabama

None

 

Alaska

Recommendation

Wear a cloth face covering in public settings where other social distancing measures are difficult to maintain.

Arizona

Recommendation

Cloth face coverings should be worn in public places where physical distancing is difficult to maintain.

Arkansas

Recommendation

Wear a cloth mask when in public and unable to maintain a 6-foot distance from others.

California

Recommendation

If available, and controls such as barriers to block or create physical distance between the employee and the customer are not feasible, employers should provide face masks to workers in the grocery industry with regular close contact with the public, such as cashiers, pharmacy workers, and baggers. Employers should train and encourage workers to wear the face covering of their choice voluntarily while at work. NOTE: Many California counties have varying degrees of requirements for face coverings for employees and customers of essential businesses. Please check with your Littler attorney for additional information about your particular jurisdiction.

Colorado

Requirement

Workers in critical businesses and critical government functions in which workers interact in close proximity with other employees or with the public must (1) wear medical or non-medical cloth face coverings that cover the nose and mouth while working, except where doing so would inhibit that individual’s health; and (2) to the extent possible, wear gloves when in contact with customers or goods if gloves are provided to workers by their employer.

Connecticut

Requirement

Essential employees should use masks or cloth face coverings.

Delaware

Recommendation

People are encouraged to wear a cloth face covering when in public for essential activities where it may be more difficult to maintain social distancing.

District of Columbia

Requirement

Masks or mouth coverings are required for customers at retail food businesses. Retail food businesses must also procure and provide masks and gloves to their employees who come in close contact with the public, “if feasible.”

Masks or mouth coverings are also required for the following: hotel workers, hotel guests, and hotel visitors; individuals using taxis, ride shares, and private transportation providers; and workers and customers of food sellers. Food sellers, hotels, taxis, ride-sharing companies, and private transportation companies must procure and require employees and independent contractors to wear gloves and masks and instruct on proper use.

Recommended for everyone: wear a cloth mask if feeling ill, caring for someone who is ill, or visiting a healthcare provider’s office.

Employees of and individuals using public transportation are strongly encouraged to wear masks or mouth coverings.

Florida

None

No state level order. NOTE: Many Florida counties have varying degrees of requirements for face coverings for employees and customers of essential businesses. Please check with your Littler attorney for additional information about your particular jurisdiction.

Georgia

Requirement

Required for businesses permitted to reopen. Gyms, fitness centers, bowling alleys, body art studios, estheticians, hair designers, and massage therapists reopening must comply with sanitation requirements, including providing personal protective equipment as available and appropriate to the function and location of each worker within the business.

Recommended for the general public. Everyone should wear cloth face coverings in public settings where other social distancing measures are difficult to maintain.

Hawaii

Recommendation

Voluntary use of masks in public settings particularly where other physical distancing measures are difficult to maintain. NOTE: Both Honolulu and Maui have varying degrees of requirements for face coverings for employees and customers of essential businesses. Please check with your Littler attorney for additional information about your particular jurisdiction.

Idaho

None

 

Illinois

Recommendation

Everyone should wear a mask or face covering when they must leave their home or report to work for essential operations and they either cannot or it is impractical to maintain 6 feet of physical distance between themselves and others. NOTE: In Illinois, counties have varying degrees of requirements for face coverings for employees and customers of essential businesses. Please check with your Littler attorney for additional information about your particular jurisdiction.

Indiana

Recommendation

Cloth face coverings recommended in public settings where other social distancing measures are difficult to maintain, such as grocery stores and pharmacies, especially in areas of significant community-based transmission.

Iowa

None

 

Kansas

Recommendation

People are recommended to cover nose and mouth with a cloth mask while in public.

Kentucky

Recommendation

Voluntary use of masks in public settings particularly where other physical distancing measures are difficult to maintain.

Louisiana

Recommendation

Cloth face coverings recommended in public settings where other social distancing measures are difficult to maintain, such as grocery stores and pharmacies, especially in areas of significant community-based transmission.

Maine

Recommendation

The general public should wear a cloth mask when social distancing is difficult.

Maryland

Requirement

All riders and operators on any public transportation are required to wear face coverings (excluding any operator in a separate compartment that is off-limits to riders).

All customers over age 9 are required to wear face coverings while inside the enclosed area of any retail establishment or food service establishment. Adult customers accompanying children age 2-9 must use reasonable efforts to ensure children wear face coverings.

All retail establishments shall require staff to wear, and those staff shall wear, face coverings while working in areas open to the public and areas in which interactions with other staff are likely.

All food service establishments shall require staff who interact with customers (including, without limitation, delivery personnel) to wear, and those staff shall wear, face coverings while working. NOTE: In Maryland, counties have varying degrees of requirements for face coverings for employees and customers of essential businesses. Please check with your Littler attorney for additional information about your particular jurisdiction.

Massachusetts

Recommendation

People should wear cloth face coverings in public settings where other social distancing measures are difficult to maintain. NOTE: In Massachusetts, counties have varying degrees of requirements for face coverings for employees and customers of essential businesses. Please check with your Littler attorney for additional information about your particular jurisdiction.

Michigan

Recommendation

Residents should wear a face covering when outside of their homes. NOTE: In Michigan, counties have varying degrees of requirements for face coverings for employees and customers of essential businesses. Please check with your Littler attorney for additional information about your particular jurisdiction.

Minnesota

Recommendation

Cloth face coverings recommended in public settings where other social distancing measures are difficult to maintain.

Mississippi

Recommendation

Residents should wear non-medical grade masks or homemade cloth masks when shopping, running errands, or otherwise away from home. NOTE: In Mississippi, counties have varying degrees of requirements for face coverings for employees and customers of essential businesses. Please check with your Littler attorney for additional information about your particular jurisdiction.

Missouri

Recommendation

People should wear cloth face coverings in public settings where other social distancing measures are difficult to maintain. NOTE: In Missouri, counties have varying degrees of requirements for face coverings for employees and customers of essential businesses. Please check with your Littler attorney for additional information about your particular jurisdiction.

Montana

None

 

Nebraska

Recommendation

People should wear a cloth face covering in public places where they cannot stay 6 feet away from others. NOTE: In Nebraska, counties have varying degrees of requirements for face coverings for employees and customers of essential businesses. Please check with your Littler attorney for additional information about your particular jurisdiction.

Nevada

Recommendation

Grocery employers should require employees to wear face coverings.

People should use an improvised face covering whenever they leave their residence to obtain any essential good or service.

New Hampshire

None

 

New Jersey

Requirement

Customers and employees of essential retail businesses must wear cloth face coverings inside the business, and businesses may decline entry to customers not wearing a covering. The order specifies the requirements and exceptions. Employees must also wear gloves when in contact with customers or goods. Businesses must provide, at their expense, the face coverings and gloves for employees.

NJ Transit and private transit companies must require workers and customers to wear cloth face coverings while on trains, buses and light rail vehicles, and passengers may be declined entry if they do not wear a covering. The order specifies the requirements and exceptions. NOTE: In New Jersey, counties have varying degrees of requirements for face coverings for employees and customers of essential businesses. Please check with your Littler attorney for additional information about your particular jurisdiction.

New Mexico

Recommendation

Voluntary wearing of cloth face covering in public when other social distancing measures are difficult to maintain.

New York

Requirement

Employers that are essential businesses must provide, at the employer's expense, face coverings for employees to wear when performing work that involves direct contact with customers or members of the public.

Any individual who is over age 2 and able to medically tolerate a face-covering shall be required to cover their nose and mouth with a mask or cloth face-covering when in a public place and unable to maintain, or when not maintaining, social distance. NOTE: New York City has its own face covering obligations. In addition, some counties may have varying degrees of requirements for face coverings for employees and customers of essential businesses. Please check with your Littler attorney for additional information about your particular jurisdiction.

North Carolina

Recommendation

Retail establishments are encouraged to supply, encourage the use of, and educate on proper use of, cloth face coverings for employees in close contact with patrons and other employees. NOTE: In North Carolina, counties have varying degrees of requirements for face coverings for employees and customers of essential businesses. Please check with your Littler attorney for additional information about your particular jurisdiction.

North Dakota

Recommendation

Employees and the public should wear face coverings especially in settings where social distancing may be difficult to maintain.

Ohio

Recommendation

Strongly recommends people to use coverings in public settings where other social distancing measures are difficult to maintain.

Oklahoma

None

No statewide order. NOTE: In Oklahoma, counties have varying degrees of requirements for face coverings for employees and customers of essential businesses. Please check with your Littler attorney for additional information about your particular jurisdiction.

Oregon

Recommendation

People are encouraged to wear cloth masks or face coverings in public places.

Pennsylvania

Requirement

Employers permitted to maintain in-person operations must provide masks for employees to wear during their time at the business, and make it a mandatory requirement to wear masks while on the work site, except to the extent an employee is using break time to eat or drink. Employers may approve masks or face coverings obtained or made by employees.

Businesses, other than health care providers, that serve the public within a building or a defined area require all customers to wear masks while on premises, and deny entry to people not wearing masks, unless the business is providing medication, medical supplies, or food, in which case the business must provide alternative methods of pick-up or delivery of such goods. Customers who cannot wear a mask due to a medical condition, and children under the age of two, may enter the premises without a mask. Customers are not required to provide documentation of a medical condition. NOTE: In Pennsylvania, counties have varying degrees of requirements for face coverings for employees and customers of essential businesses. Please check with your Littler attorney for additional information about your particular jurisdiction.

Puerto Rico

Requirement

Employers should provide face coverings to employees free of charge. Businesses must prohibit entry to anyone not wearing some kind of facemask or covering. Puerto Rico has also introduced a bill to require employees to wear employer-provided masks at work.

Rhode Island

Requirement

All employees customer/client-facing businesses and non-profit organizations, and office-based businesses and non-profits, that are still operating must wear cloth face coverings unless an employee can easily, continuously, and measurably maintain at least 6 feet of distance from other employees for the duration of his or her work. All such businesses must provide, at their expense, face coverings or materials for making of face coverings to their employees. Coverings or materials may be made available staff-wide or individually upon employee request so long as the result is organization-wide use of face coverings.

South Carolina

Recommendation

People are recommended to wear masks in situations where social distancing may be difficult to maintain.

South Dakota

Recommendation

People are encouraged to wear cloth face coverings in public settings where other social distancing measures are difficult to maintain, especially in areas of significant community-based transmission.

Tennessee

None

No statewide order. NOTE: In Tennessee, some counties have varying degrees of requirements for face coverings for employees and customers of essential businesses. Please check with your Littler attorney for additional information about your particular jurisdiction.

Texas

Requirement

All employees of reopened retail businesses must wear face coverings. NOTE: In Texas, counties have varying degrees of requirements for face coverings for employees and customers of essential businesses. Please check with your Littler attorney for additional information about your particular jurisdiction.

Utah

Requirement

Wear a cloth face covering that covers the nose and mouth in any place of public accommodation, including retail establishments and grocery stores, and whenever social distancing is not possible.

Vermont

Requirement

All businesses operating during the state of emergency must require employees to wear non-medical cloth face coverings over their nose and mouth when in the presence of others. In the case of retail cashiers, a translucent shield or “sneeze guard” is acceptable in lieu of a mask.

Virginia

Recommendation

People should wear a cloth face covering in public places.

Washington

Recommendation

People should wear cloth face coverings when they are in public settings where they cannot maintain 6 feet of distance from others.

West Virginia

None

 

Wisconsin

Recommendation

People should wear a cloth face cover when outside the home conducting essential activities.

Wyoming

Recommendation

Grocery store and retail personnel should follow CDC guidance regarding wearing face coverings while at work. Customers should be encouraged to wear face coverings while in the store.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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