39 STATES AND COUNTING...

39 STATES AND COUNTING...

39 STATES AND COUNTING...

Governors and public health officials across the country have implemented stringent measures to help contain the spread of COVID-19, such as safer 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 June 21, 2020, at 1:00 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 We will update this list regularly but expect it will become outdated quickly as new announcements are made.  

OVER 39 STATES HAVE REQUIRED FACE MASKS with almost all of the other states recommending them. 

SHOP ALL FACE MASKS HERE.

Note that this list does not include face-covering guidance at the local level. If you would like more information, please contact your Littler attorney for additional resources that summarize such requirements at both the state and local level.

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

Requirement

Face coverings are required for employees of restaurants, personal care services, entertainment venues, and gyms, and fitness centers. Face coverings are recommended for all other businesses.

NOTE: At least one city in Alabama has provisions concerning face coverings for employees and/or customers. Please check with your Littler attorney for additional information about your particular jurisdiction.

Alaska

Recommendation

Employees of reopening businesses should wear face coverings. 

NOTE: At least one city in Alaska has provisions concerning face coverings for employees and/or customers. Please check with your Littler attorney for additional information about your particular jurisdiction.

Arizona

Requirement

 

Required for employees and customers of barbers and cosmetologists.

Recommended for businesses where service cannot be provided without physical distancing: employers should provide and require employees to wear masks.

Residents are recommended to wear cloth face coverings worn in public places where physical distancing is difficult to maintain.

NOTE: Many Arizona localities have provisions concerning face coverings for employees and/or customers. Please check with your Littler attorney for additional information about your particular jurisdiction.

Arkansas

Requirement

Required for restaurants reopening for dine-in. All staff who come in contact with patrons must wear a face mask that completely covers their nose and mouth. Staff in the back of the house are encouraged to wear a face mask. All staff is required to wear gloves. Gloves shall be changed out between each customer, customer group, or task. Patrons must wear a face-covering upon entrance and while in the restaurant until the food or drink is served, and may be refused service if not wearing a mask.

Required for reopening gyms and fitness centers. Employees must wear a face mask at all times. Patrons must wear a mask except when actively exercising.

Residents are encouraged to wear a cloth mask when in public and unable to maintain a 6-foot distance from others.

NOTE: In Arkansas, at least one locality has provisions concerning face coverings for employees and/or customers. Please check with your Littler attorney for additional information about your particular jurisdiction.

California

Requirement

Individuals must wear masks in several specified high-risk situations, including when engaged in work, whether at the workplace or performing work off-site, when (1) interacting in-person with any member of the public; (2) working in any space visited by members of the public, regardless of whether anyone from the public is present at the time; (3) working in any space where food is prepared or packaged for sale or distribution to others; (4) working in or walking through common areas, such as hallways, stairways, elevators, and parking facilities; (5) in any room or enclosed area where other people (except for members of the person’s household or residence) are present when unable to physically distance.

Persons exempted from wearing a face-covering due to a medical condition who are employed in a job involving regular contact with others should wear a non-restrictive alternative, such as a face shield with a drape on the bottom edge, as long as their condition permits it.

NOTE: Many California localities have provisions concerning face coverings for employees and/or customers. Please check with your Littler attorney for additional information about your particular jurisdiction.

Colorado

Requirement

Workers in critical businesses and reopening businesses in which workers interact near 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. Businesses have the discretion to bar entry to individuals not wearing a mask.

NOTE: Many Colorado localities have provisions concerning face coverings for employees and/or customers. Please check with your Littler attorney for additional information about your particular jurisdiction.

Connecticut

Requirement

Essential employees should use masks or cloth face coverings. 

Restaurant employees and customers must wear face coverings. Employers must provide face coverings for employees.

Retail employees and customers must wear face coverings. Employers must provide face coverings for employees.

Office-based businesses must require employees to wear employer-provided face coverings.

Personal care services employees and patrons must wear face coverings.

Employers must provide face coverings for employees. 

NOTE: In Connecticut, at least one locality has provisions concerning face coverings for employees and/or customers. Please check with your Littler attorney for additional information about your particular jurisdiction.

Delaware

Requirement

Employers must provide employees with a face covering to wear while working in areas open to the general public and areas in which coming within 6 feet of other staff is likely.  Businesses must provide, at their expense, such face coverings as well as hand sanitizer for their employees. All employees are strongly encouraged to use personal face coverings until their employer provides a face covering.

All individuals must wear a face-covering in specified public places, except where doing so would inhibit that individual’s health or where the individual is under two years of age. A business must decline entry to an individual refusing to wear unless the business is providing medication, medical supplies, or food, in which case the business policy should provide alternate methods of pickup and/or delivery of such goods, or the individual has a medical condition that would prevent them from mask use.

District of Columbia

Requirement

Individuals over age 9 living in, working in, or visiting DC must wear a face covering when (1) engaging in essential or minimum basic business operations while in the presence of other people and (2) engaging in essential travel.

Essential businesses must require employees and independent contractors to wear masks and instruct on proper use. Businesses must provide masks to employees but not to independent contractors.

Retail workers must also wear employer-provided gloves.

Florida

Requirement

Personal care services providers and employees must wear masks and are also encouraged to provide masks to patrons and/or adopt a policy requiring patrons to wear masks. 

NOTE: Many Florida localities have provisions concerning face coverings for employees and/or customers. Please check with your Littler attorney for additional information about your particular jurisdiction.

Georgia

Requirement

Required for certain businesses permitted to reopen, including restaurants and others. 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

Requirement

All customers must wear a face covering while waiting to enter and while at an essential or designated business or operation. All employees of essential or designated businesses or operations who have any contact with customers or goods to be purchased must wear the cloth face-covering recommended by the CDC while at their place of employment. 

NOTE: In Hawaii, some localities have provisions concerning face coverings for employees and/or customers. Please check with your Littler attorney for additional information about your particular jurisdiction.

Idaho

Recommendation

Employers should identify how personal use items such as masks, face coverings, and gloves may be required by employees, vendors, and/or patrons. The use of face coverings by the general public is strongly recommended.  

NOTE: In Idaho, at least one locality has provisions concerning face coverings for employees and/or customers. Please check with your Littler attorney for additional information about your particular jurisdiction.

Illinois

Requirement

People over age 2 must wear a mask or face covering when in a public place and they either cannot or it is impractical to maintain 6 feet of physical distance between themselves and others. All businesses must ensure that employees and visitors wear face coverings when social distancing is not possible.

NOTE: Many Illinois localities have provisions concerning face coverings for employees and/or customers. Please check with your Littler attorney for additional information about your particular jurisdiction.

Indiana

Requirement

Face coverings are required for restaurant employees and personal care services employees.

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

NOTE: In Indiana, at least one locality has provisions concerning face coverings for employees and/or customers. Please check with your Littler attorney for additional information about your particular jurisdiction.

Iowa

None

 

Kansas

Recommendation

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

NOTE: In Kansas, some localities have provisions concerning face coverings for employees and/or customers. Please check with your Littler attorney for additional information about your particular jurisdiction.

Kentucky

Requirement

Businesses must provide PPE to employees and ensure, to the greatest extent practicable, that their employees wear a cloth mask. A business need not require an employee to wear a mask when masking would create a serious health or safety hazard to the employee or when the employee is working alone in an enclosed space. Businesses must ensure that employees whose job duties include touching items often touched by others (e.g., credit cards/cash, paper, computers) wear gloves that are regularly replaced.

Louisiana

Requirement

All employees of a business who have contact with the public must wear a mask. All restaurant employees must wear masks and should wear gloves. 

Face coverings strongly encouraged for all individuals when outside of the home.

NOTE: In Louisiana, at least one locality has provisions concerning face coverings for employees and/or customers. Please check with your Littler attorney for additional information about your particular jurisdiction.

Maine

Requirement

Individuals must wear a cloth face-covering in public settings when another social distancing is difficult. Employers in settings that are not typically accessible to the public may determine the persons who should wear a cloth face covering at their workplace and shall permit any employee who wants to wear a covering to do so. 

NOTE: In Maine, at least one locality has provisions concerning face coverings for employees and/or customers. Please check with your Littler attorney for additional information about your particular jurisdiction.

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 foodservice 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.

Employees and customers of personal care services must wear face coverings.

NOTE: In Maryland, some localities have provisions concerning face coverings for employees and/or customers. Please check with your Littler attorney for additional information about your particular jurisdiction.

Massachusetts

Requirement

Residents over age 2 must wear face coverings in public settings, including in essential businesses and on public transportation. The requirement applies to both customers and employees of essential businesses. If a customer refuses to wear a face-covering for non-medical reasons, the business may decline entry.

NOTE: Many Massachusetts localities have provisions concerning face coverings for employees and/or customers. Please check with your Littler attorney for additional information about your particular jurisdiction.

Michigan

Requirement

All businesses and operations whose workers perform in-person work must, at a minimum, provide non-medical grade face coverings to their workers, as well as gloves, goggles, face shields as appropriate for the activity being performed. Food selling establishments and pharmacies must require checkout employees to wear face coverings.

Construction businesses must require face shields or masks to be worn when workers cannot consistently maintain 6 feet of separation from other workers and must encourage or require the use of work gloves, as appropriate.

Any individual leaving their residence must wear a face covering. Businesses and building owners, and those authorized to act on their behalf, are permitted to deny entry or access to any individual who refuses to comply with the face-covering requirement. 

NOTE: In Michigan, some localities have provisions concerning face coverings for employees and/or customers. Please check with your Littler attorney for additional information about your particular jurisdiction.

Minnesota

Requirement

Workers at reopening retail establishments who may have limited interaction with customers for purposes of curbside or outdoor pickup or delivery must wear a non-medical cloth mask.

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

NOTE: In Minnesota, some localities have provisions concerning face coverings for employees and/or customers. Please check with your Littler attorney for additional information about your particular jurisdiction.

Mississippi

Requirement

Required for all businesses in 7 specified counties. "Appropriate PPE," including face coverings, shall be worn by all employees based on their duties and responsibilities.

Restaurants and bars reopening for dine-in service must provide cloth masks to employees who come into contact with customers and require those employees to wear the masks. "Appropriate PPE" must be worn by all restaurant and bar employees based on their duties.

Personal care services employees and patrons must wear employer-provided face coverings and must also require customers to wear face coverings.

Gym and fitness center employees must wear employer-provided face coverings.

Residents are recommended to wear non-medical grade masks or homemade cloth masks when shopping, running errands, or otherwise away from home. 

NOTE: In Mississippi, at least one locality has provisions concerning face coverings for employees and/or customers. 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, some localities have provisions concerning face coverings for employees and/or customers. Please check with your Littler attorney for additional information about your particular jurisdiction.

Montana

None

 

Nebraska

Requirement

Personal care services (barbershops, salons, body art, massage therapy) employees and customers must wear face coverings.

Recommended for restaurant employees.

Residents are recommended to wear cloth face-covering in public places where they cannot stay 6 feet away from others.

Recommended for meat processing employees. It is highly recommended, as available, to provide employees in meat processing plants with procedure (surgical) masks due to the close contact they have with other employees and the liquid contact frequency in the work environment.

NOTE: In Nebraska, at least one locality has provisions concerning face coverings for employees and/or customers. Please check with your Littler attorney for additional information about your particular jurisdiction.

Nevada

Requirement

All employers must require employees who interact with the public to wear face coverings.

Also required for the following employers: agriculture, appliance, and furniture showrooms, auto dealerships, banks, and financial services, personal care services, restaurants and food, and drink establishments, general office operations, retail and consumer services, and transportation, couriers, and warehousing.

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

New Hampshire

Requirement

Retail, restaurant, golf course, and personal care services employees must wear cloth face coverings at all times when in the retail facility and public locations or shared staff areas (e.g. break rooms), even if other individuals are not immediately present.

Employees of other essential businesses and organizations and those that are re-opening all or a portion of their operations are strongly recommended to wear a cloth face covering while at work and in potential close contact with others.

New Jersey

Requirement

Customers and employees of essential retail businesses (retail, restaurants, manufacturing, warehousing, essential construction) 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.

Required for workers and visitors on construction sites.

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.

Required for agricultural workers.

NOTE: In New Jersey, some localities have provisions concerning face coverings for employees and/or customers. Please check with your Littler attorney for additional information about your particular jurisdiction.

New Mexico

Requirement

All employers must provide all employees with face coverings and require they be used in the workplace.

All "essential businesses" operating as "retail space" (such as grocery and hardware stores) with a building footprint of more than 50,000 sq.ft., and all restaurants, must ensure that all employees wear face coverings or medical-grade masks. As of May 11, all smaller, essential retailers must also require employees to wear face coverings or medical-grade masks. 

NOTE: In New Mexico, at least one locality has provisions concerning face coverings for employees and/or customers. Please check with your Littler attorney for additional information about your particular jurisdiction.

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. Business owners may deny admittance to individuals who fail to comply with the directive to wear a face covering.

NOTE: New York City has its face-covering obligations. Also, some localities may have provisions concerning face coverings for employees and/or customers. 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 the proper use of, cloth face coverings for employees in close contact with patrons and other employees.

Members of the public recommended wearing face coverings in public.

Required for personal care services employees. 

NOTE: In North Carolina, some localities have provisions concerning face coverings for employees and/or customers. Please check with your Littler attorney for additional information about your particular jurisdiction.

North Dakota

Requirement

Required for personal care services employees.

Recommended for everyone else. Employees and the public should wear face coverings especially in settings where social distancing may be difficult to maintain. Employers should encourage the use of face coverings by employees and contracted workers whose duties require close contact (within 6 feet for ten minutes or more) with other employees and/or the public.

Ohio

Requirement

Face coverings required for employees at all times. The guidance lists exceptions. The use of a face covering is strongly recommended for residents.

Oklahoma

None

No statewide order.

NOTE: In Oklahoma, some localities have provisions concerning face coverings for employees and/or customers. Please check with your Littler attorney for additional information about your particular jurisdiction.

Oregon

Requirement

Grocery stores, retail stores, pharmacies, restaurants and bars, gyms and fitness centers, personal care services, and ride-sharing and public transit must require employees, contractors and volunteers to wear an employer-provided mask, face shield, or face-covering unless an accommodation for people with disabilities or other exemption applies.

These employers must develop and comply with policies and procedures that provide for accommodations and exemptions from the mask or face covering requirements. These businesses may require customers and visitors to wear face coverings. 

Beginning June 24, face coverings will be required in indoor public spaces in the following counties: Multnomah, Washington, Clackamas, Hood River, Marion, Polk, and Lincoln.

NOTE: In Oregon, at least one locality has provisions concerning face coverings for employees and/or customers. Please check with your Littler attorney for additional information about your particular jurisdiction.

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 worksite, 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, at least one locality has provisions concerning face coverings for employees and/or customers. Please check with your Littler attorney for additional information about your particular jurisdiction.

Puerto Rico

Requirement

People are required to wear face coverings when in public spaces. Businesses must ensure customers are wearing face coverings.

Rhode Island

Requirement

Employees, customers, and visitors to essential and reopening businesses must wear face coverings.

South Carolina

Recommendation

Employees should be encouraged to wear masks or cloth face coverings, especially when in settings in which social distancing is not feasible. Cloth face coverings should be optional for employees with underlying respiratory illness, but if not worn, social distancing must be performed.

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

Recommendation

Employees are encouraged to wear a face-covering at work. Members of the public are encouraged to wear a face-covering in public places.

NOTE: In Tennessee, some localities have provisions concerning face coverings for employees and/or customers. Please check with your Littler attorney for additional information about your particular jurisdiction.

Texas

Recommendation

Consider having all employees wear face coverings. 

NOTE: In Texas, many localities have provisions concerning face coverings for employees and/or customers. Please check with your Littler attorney for additional information about your particular jurisdiction.

Utah

Requirement

Individuals acting in the capacity of an employee of a business are required to wear a face-covering when unable to maintain a distance of 6 feet from another individual.

Face coverings are strongly recommended for all other individuals.

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 instead of a mask.

Virginia

Requirement

Required for some businesses. Retail, restaurant, and other food and beverage establishments, gyms and fitness centers, and personal care services must require employees in public-facing areas to wear face coverings. Personal care services must also require patrons to wear face coverings.

Recommended generally. Where possible, employees and customers should utilize face coverings. Where six feet of physical distance is not possible in a given business setting, employers should provide face covering to employees.

Required for patrons over age 10 when in essential and reopened businesses and any other indoor place shared by groups of people who are near each other.

Washington

Requirement

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

All employers must identify PPE and cloth facial coverings to requirements on facial coverings and industry-specific COVID-19 standards and provide the necessary PPE and supplies to employees.

Low-risk construction: masks must be worn at all times by every employee on the worksite.

NOTE: In Washington, at least one locality has provisions concerning face coverings for employees and/or customers. Please check with your Littler attorney for additional information about your particular jurisdiction.

West Virginia

Requirement

Reopening personal care services (barbershops, salons, etc.) must ensure all employees wear masks.

Restaurants open for takeout, or that will reopen for dining when the state permits, must require all employees to wear face coverings at all times.

Small businesses (10 or fewer employees) are recommended to require their employees who have contact with customers to wear a mask and gloves.

Wisconsin

Recommendation

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

NOTE: In Wisconsin, at least one locality has provisions concerning face coverings for employees and/or customers. Please check with your Littler attorney for additional information about your particular jurisdiction.

Wyoming

Requirement

Required for employees of reopening businesses. Required for personal care services employees and patrons.

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

NOTE: In Wyoming, at least one locality has provisions concerning face coverings for employees and/or customers. Please check with your Littler attorney for additional information about your particular jurisdiction.

SOURCE: LITTLER MENDELSON PC

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