Facing Your Face Mask Duties – A List of Statewide Orders

Governors and public health officials across the country implemented stringent mitigation measures to help contain the spread of COVID-19. As COVID-19 case rates fluctuate, face coverings 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, last updated January 13, 2022 at 8:00 a.m. (Central), 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 We will update this list regularly but expect it will become outdated quickly as new announcements are made. 

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.

Employers interested in related information may wish to consult our articles identifying statewide vaccination mandatesreopening and mitigation protocols, and employee health screening guidance.

Jurisdiction

Requirement or Recommendation

Specifics

Federal

Requirement

Compliance with CDC guidelines with respect to wearing masks is required for on-duty or on-site federal employees, on-site federal contractors; and all persons in federal buildings or on federal lands. Federal workers and onsite contractors must provide proof of vaccination or be required to wear a mask.

CDC requires persons over age 2 to wear a mask on a conveyance (aircraft, train, vehicle, vessel) and while in a transportation hub (airport, bus terminal, seaport, etc.). Operators of conveyances arriving or departing a U.S. port of entry must require travelers to wear masks. Private conveyances for non-commercial use, commercial motor vehicles, military conveyances are excluded. The definition of mask does not include a face shield.

It is also recommended that unvaccinated people wear a cloth face covering in public settings, at gatherings and events, and anywhere they will be around other people. Face shields are not recommended as a substitute for masks.

Fully vaccinated individuals can resume activities without wearing a mask, except where required by federal, state, local, tribal, or territorial laws, rules, and regulations, including local business and workplace guidance. However, these individuals are recommended to wear a mask when in indoor public places in areas of high or substantial transmission.

OSHA recommends that workplaces follow CDC guidance in that all workers in an area of high or substantial transmission wear a face covering indoors regardless of vaccination status, and that employers provide all workers with face coverings at no cost to workers. Employers must discuss reasonable accommodations for any workers who are unable to wear or have difficulty wearing certain types of face coverings due to a disability. Employers should require any other individuals at the workplace (e.g., visitors, customers, non-employees) to wear a face covering unless they are under the age of 2 or are actively consuming food or beverages on site. Workers who are outdoors may opt not to wear face coverings unless they are at risk, for example, if they are immunocompromised. All workers should be supported in continuing to wear a face covering if they choose, especially in order to safely work closely with other people.

OSHA requires employers of 100 or more employees to ensure all unvaccinated employees wear a face covering while indoors or when occupying a vehicle with another person for work purposes, with limited exceptions. If an employee cannot wear a face covering because of a disability or a sincerely held religious belief, the employee may be entitled to a reasonable accommodation. Other employers should suggest or require that unvaccinated customers, visitors, or guests wear face coverings in public-facing workplaces such as retail establishments, and that all customers, visitors, or guests wear face coverings in public, indoor settings in areas of substantial or high transmission.

Federal contractors must ensure that all individuals, including covered contractor employees and visitors, comply with published CDC guidance for masking  at a covered contractor workplace.

Alabama

Recommendation

The statewide mask mandate was rescinded 4/9/21.

Individuals are encouraged to wear masks when within six feet of people from other households. Employers should encourage use of masks and face coverings by employees.

Alaska

Recommendation

Face coverings are recommended for all individuals age 2 and up. 

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

Arizona

Recommendation

Masks no longer mandated as of 3/25/21, but businesses and employers may adopt and enforce face covering requirements.

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

Arkansas

Recommendation

Individuals are encouraged to follow the CDC guidance for masks for vaccinated and unvaccinated individuals. Businesses are permitted to require masks on their premises.

California

Requirement

General Requirement. As discussed in this Littler article, through 1/15/22, masks are required for all individuals over age 2 in all indoor public settings, regardless of vaccination status. People who are not fully vaccinated are encouraged to wear a mask in crowded outdoor settings or during activities that involve sustained close contact with other people who are not fully vaccinated. Masks are not required for people working alone in an office or closed room.

For cities and counties that had pre-existing masking requirements irrespective of vaccine status, in indoor public settings, prior to December 13, 2021, those local health orders continue to apply.

Cal/OSHA ETS. In the workplace, fully vaccinated employees do not need to wear a face covering except for certain situations during outbreaks and in settings where CDPH requires them.  Employers must document the vaccination status of fully vaccinated employees if they do not wear face coverings indoors. (Note that per the CDPH statewide face covering order described above, masks are required indoors regardless of vaccination status.)

Face coverings are required indoors and in vehicles. Employees are not required to wear a face covering when alone in a room or vehicle, and when eating or drinking.

Employees are not required to wear face coverings when outdoors regardless of vaccination status, except for certain employees during outbreaks. Fully vaccinated employees are explicitly allowed to wear a face covering without fear of retaliation from employers.

Employers must provide employees who are not fully vaccinated with NIOSH-certified respirator masks for voluntary use when: working indoors or in a vehicle with others. Employers must also make masks available to vaccinated persons upon request.

Permissible face coverings: surgical masks, medical procedure masks, a respirator worn voluntarily, or a tightly woven fabric or non-woven material of at least two layers that does not let light pass through when held up to a light source. Clear face coverings may be worn for specific accommodations.

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

Masks continue to be required for unvaccinated or not fully vaccinated individuals in certain specified settings (schools, certain healthcare and government settings).

Individuals aged 12+ who are not fully vaccinated are encouraged to wear a face covering when entering or within an indoor space where members of different households are present. Any fully vaccinated individual may go without any type of face covering in any setting. Medical grade face coverings are required for unvaccinated individuals in certain higher risk settings.

Employers must implement the face covering guidance set forth above.

Owners, operators, and managers of any business or service may, at their discretion, continue to require individuals entering or within their locations to wear face coverings or show proof of full vaccination.

NOTE: Some Colorado 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.

Connecticut

Requirement

Any person while indoors in a public place who does not maintain a safe social distance of approximately six feet from every other person and who is not fully vaccinated for COVID-19 shall cover their mouth and nose with a mask or cloth face covering. Fully vaccinated people are not required to wear masks except as provided below.

All persons, regardless of vaccination status, shall use a mask or cloth face covering in the settings specified by the state health department here.

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.

Businesses and organizations may require the universal use of masks or face coverings or require staff to wear masks in settings under their ownership or control.

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

Delaware

Requirement

All individuals aged Kindergarten and up must wear a mask, regardless of vaccination status, while in the following places: (1) present as a visitor or employee at a business or space open to the public; (2) using or working on public transportation service; and (3) when wearing a mask is otherwise required by law or regulation. "Business or space open to the public” means any spaces, whether publicly owned or privately owned, where the public has access by right or invitation, express or implied, whether by payment of money or not, or that is open to employees, contractors, or volunteers.

Masks are not required when a person is in a personal office (a single room) when others outside of that person’s household are not present. Masks are not required in an open plan or cubicle setting when a person is seated and can maintain at least six feet of distance between themselves and others outside of that person’s household.

Businesses and individuals responsible for indoor spaces open to the public shall require employees, contractors, and volunteers to wear a mask. Businesses and individuals responsible for indoor spaces, including indoor spaces associated with outdoor spaces, open to the public must require customers and visitors to any indoor businesses or spaces open to the public to wear masks, and must provide masks to employees, contractors, and volunteers.

District of Columbia

Requirement

All persons must wear masks in indoor public settings. Businesses may establish stricter rules, including requiring masks outdoors and showing proof of vaccination to be able to enter the facility. Businesses may exclude persons not in compliance with District health orders and may take appropriate employment actions against employees who endanger themselves or others due to failure to comply.

A face shield is not an acceptable alternative for wearing a mask.

Florida

Recommendation

All individuals over age 2 are recommended to wear face coverings according to CDC guidelines.

Georgia

Recommendation

Everyone over age 2 should wear cloth face coverings in public settings where other social distancing measures are difficult to maintain.

NOTE: In Georgia, 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

Hawaii

Requirement

All individuals over age 5 must wear a face covering when in indoor public settings. Masks are not required while working at a desk or work station and not actively engaged with other employees, customers, or visitors, provided that the individual’s desk or workstation is not located in a common or shared area and physical distancing of at least six feet is maintained.

Face shields are not permitted as substitutes for face coverings unless an exception to the face covering requirement applies. Businesses shall refuse admission or service to any individual who fails to wear a face covering, unless an exception applies.

Businesses shall refuse admission or service to any individual who fails to wear a face covering, unless an exception applies. Businesses may adopt stricter protocols or requirements related to face coverings and face shields.

As of 5/25/21, masks are no longer required outdoors.

NOTE: In Hawaii, 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.

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. Individuals should wear a face covering over their nose and mouth as per guidance from CDC for vaccinated and unvaccinated people.  

Illinois

Requirement

All individuals over age 2 and able to medically tolerate a face covering are required to wear a mask or face covering when in an indoor public place.

All individuals must continue to wear a mask: (1) on public transportation; (2) in congregate facilities; (3) in health care settings, and where required by federal, state, local, tribal, or territorial laws, rules and regulations.

NOTE: In Illinois, 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.

Indiana

Recommendation

As of 4/5/21, the mask mandate transitioned to a mask advisory. Masks remain required in schools, certain health care sites, and certain government sites. Otherwise, individuals are encouraged to follow the CDC guidelines for masks for vaccinated and unvaccinated people.

Iowa

Recommendation

Individuals are recommended to follow CDC guidance for use of face coverings.

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

Kansas

Recommendation

All individuals over age 2 should wear a face covering in indoor public spaces. The state has adopted the CDC mask guidance for fully vaccinated individuals.

NOTE: In Kansas, at least one locality may 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

Masks continue to be required in certain limited settings (on public transportation, in healthcare settings, schools, and others as specified).

Businesses should encourage unvaccinated persons to wear a face covering when engaged in indoor behaviors associated with a heightened risk of COVID-19 transmission or when physical distancing with other persons not from their family/household is not occurring.

Louisiana

Recommendation

The statewide mask mandate was lifted as of 10/27/21.

Masks remain recommended indoors in any place outside of a private residence.

Local governments and private businesses retain the authority to impose stricter measures.

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

Maine

Recommendation

The mask mandate was rescinded effective 5/24/21. Businesses may choose to require masks and to request proof of vaccination. Masks are recommended for all individuals in areas of high or substantial transmission.

NOTE: In Maine, at least one locality may have 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 mask-wearing and face covering restrictions were lifted on 7/1/21. All individuals over age 5 are required to wear face coverings (1) while using transportation services; (2) in schools; and (3) while obtaining healthcare services. Unvaccinated individuals are advised to wear face coverings in all indoor settings outside of their homes. Businesses retain the discretion to require masks on their premises.

NOTE: In Maryland, 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.

Massachusetts

Requirement

All individuals, regardless of vaccination status, are strongly encouraged to wear masks when indoors outside of their own homes.

Masks are also required regardless of vaccination status in certain settings, including while using  transportation services and in health care facilities.

NOTE: In Massachusetts, 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.

Michigan

Recommendation

Mask advisory issued. All persons in indoor public settings are advised to wear a face mask, regardless of their vaccination status. Public establishments are advised to implement masking policies and encourage compliance with such policies.

Minnesota

Recommendation

The statewide mask mandate was rescinded effective 5/14/21. Per CDC guidance, fully vaccinated individuals are not required to wear masks. Unvaccinated individuals are strongly recommended to continue wearing masks indoors. Businesses and local jurisdictions retain discretion to impose mask requirements.

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

Mississippi

Recommendation

The mask mandate was rescinded effective 3/3/21. Individuals are recommended to wear a face covering while in indoor public spaces when social distancing from people of other households is not possible. Employers should encourage unvaccinated workers to wear a mask at work.

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

Montana

Recommendation

The statewide mask mandate was rescinded effective as of 2/12/21. Masks are recommended as a mitigation measure.

Nebraska

Recommendation

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

NOTE: In Nebraska, at least one locality may have 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 individuals not exempt under Directives 024 and 028 are required to wear a mask or face covering in a manner consistent with guidance issued by the CDC (masks are recommended in indoor public settings in counties with high or substantial  transmission regardless of vaccination status).

Businesses must ensure that all patrons, customers, clients, and patients wear face coverings consistent with state requirements, which may include prohibiting persons without face coverings from entering indoor premises.

The County Masking Mandate Guide is updated weekly, each Tuesday.

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

New Hampshire

Recommendation

As of 4/16/21, the statewide mask mandate has been rescinded.

Asymptomatic people, in addition to fully vaccinated people, can go without face masks in most indoor and outdoor locations. Masks are still recommended in high-risk locations, such as crowded indoor spaces. Businesses can require mask use.

New Jersey

Requirement

Individuals in indoor public spaces are not required to wear masks, regardless of their ability to maintain six feet of distance from other individuals or groups. In accordance with CDC recommendations, individuals who are not fully vaccinated should continue to wear masks in indoor public spaces, and all individuals should wear masks indoors in areas of high or substantial transmission.

Employers are permitted to impose stricter requirements regarding mask-wearing in indoor settings for employees, customers, guests, and other individuals, where otherwise consistent with state and federal law. Employers shall not restrict individuals from wearing masks in those settings and shall not in any way penalize or retaliate against individuals who elect to wear a mask.

Employers in workplaces that are not open to the public are not mandated to require employees to wear masks at the worksite if the employees provide proof that they are fully vaccinated. Where an employer is unable to determine an individual’s vaccination status or the individual is not fully vaccinated, employers must continue to require those employees to wear masks. These employers are permitted to allow customers, visitors, and other authorized individuals to enter the worksite without requiring use of a mask, regardless of their vaccination status. Employers may establish a policy that requires customers, visitors, and similar individuals entering a worksite to wear a mask.

NOTE: In New Jersey, 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.

New Mexico

Requirement

All individuals over age 2 must wear a mask in indoor public settings. Businesses may impose more stringent requirements.

New York

Requirement

All persons over age two and able to medically tolerate a face covering/mask, regardless of vaccination status, must wear an appropriate face covering/mask while in any indoor public place. “Indoor public place” means any indoor space that is not a private residence, including office spaces. This requirement does not apply to any indoor public area that requires proof of vaccination as a condition of entry. A business cannot "mix and match" and must choose whether it will implement a full-course vaccine requirement or a mask requirement, which applies to both patrons and employees and then must be followed in its entirety throughout the facility at all times each day. This requirement is set to expire on 1/15/22. More information is available here.

Additional employer requirements apply when the state health commissioner designates an airborne infectious disease as a highly contagious communicable disease that presents a serious risk of harm to the public, pursuant to the NY HERO Act. Note: the state health commissioner made this designation for COVID-19 on 9/6/2021, and it has been extended through 12/15/21. Employers must require that employees wear appropriate face coverings when physical distancing cannot be maintained and in accordance with applicable guidance from State Department of Health or the CDC, and must provide face coverings at no cost to employees.

NOTE: New York City has its own face covering obligations, and other 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

Requirement

People not fully vaccinated are recommended to wear masks. Private businesses may continue to require masks. However, individuals over age 4 must wear face coverings on transportation services, in healthcare settings, schools and childcare, and limited other specified settings.

Face shields do not meet the requirements for compliant face coverings.

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

Recommendation

The statewide mask requirement was rescinded 1/18/21, but masks continue to be recommended following CDC guidance.

Ohio

Recommendation

The statewide mask mandate was lifted as of 6/2/21. Local jurisdictions and businesses may choose to continue to require masks.

NOTE: In Ohio, 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.

Oklahoma

Recommendation

Face coverings are recommended in public spaces per CDC guidelines.

Oregon

Requirement

Masks are required for all individuals older than 5, regardless of vaccination status, when in public indoor spaces. "Indoor spaces" means anywhere indoors, including but not limited to public and private workplaces, businesses, indoor areas open to the public, building lobbies, common or shared spaces, classrooms, elevators, bathrooms, transportation services and other indoor space where people may gather for any purpose. A person responsible for an indoor space must ensure that employees, contractors, and volunteers comply with this rule within the indoor space and must make reasonable efforts to ensure customers, guests, visitors and other individuals comply with this rule within the indoor space.

Per Oregon OSHA, businesses and employers may require more stringent mask or face covering requirements and may exclude from their business, event or facility those individuals who, regardless of their vaccination status, fail to comply with those requirements. The employer must provide masks, face coverings, or face shields for employees at no cost to the worker. If an employee chooses to wear their own mask, face shield, or face covering instead of those provided by the employer, the employer may allow it but is not required to do so. If an employee chooses to wear a mask, face shield, or face covering even when it is not required, the employer must allow them to do so.

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

Pennsylvania

Recommendation

The statewide mask mandate was lifted as of 6/28/21. Pennsylvanians are urged to follow CDC guidance for wearing a mask where required by law, rule, and regulations, including healthcare, local business and workplace guidance.

NOTE: In Pennsylvania, at least one locality may have 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

All individuals, regardless of vaccination status, must wear a mask when in indoor public places. Masks are also required outdoors in gatherings of 50 or more people.

Rhode Island

Requirement

(1) Masks are required for all individuals regardless of vaccination status in indoor venues with a capacity of 250 persons or more, including retail, restaurants, venues of assembly, and entertainment establishments;

(2) Masks or proof of vaccination are required for all individuals in indoor venues with a capacity of fewer than 250 persons, including retail, restaurants, venues of assembly, and entertainment establishments; and

(3) Masks or proof of vaccination are required for all individuals on the premises of office-based businesses, manufacturers and other private employers with indoor operations.

Businesses in (2) or (3) can adopt either an across-the-board indoor mask requirement, an across-the-board vaccination requirement, or allow individuals to either be masked or provide proof of vaccination.

A face shield alone is not recommended as a sufficient face covering.

South Carolina

Recommendation

All individuals who are not fully vaccinated are encouraged to wear a face covering in public settings where social distancing is not possible or feasible.

Employees should be strongly encouraged to wear masks or cloth face coverings, especially when around other people, regardless of vaccination status, to help reduce spread of virus.

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

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.

Texas

Recommendation

The statewide mask mandate was rescinded effective 3/10/21, but masks continue to be recommended.

NOTE: In Texas, 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.

Utah

Recommendation

The statewide mask mandate was lifted effective 4/10/21. Private businesses are permitted to require masks on their premises, and masks remain required for gatherings over 50 people.

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

Vermont

Recommendation

All masking and physical distance mandates are lifted. 

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

Virginia

Requirement

Employers must require (1) employees who are not fully vaccinated, (2) fully vaccinated employees in areas of substantial or high community transmission, and (3) otherwise at-risk employees (because of a prior transplant or other medical condition) to wear face coverings or surgical masks while indoors, unless their work task requires a respirator or other PPE. Such employees shall wear a face covering or surgical mask. The requirement does not apply to fully vaccinated employees in areas of low to moderate community transmission, or to employees working alone in a room.

Employers must require that an employee who cannot use a mask due to the applicability of an exemption must use a face shield. The employer may determine that the use of face shields without facemasks in certain settings is not appropriate due to other infection control concerns.

All individuals in the Commonwealth aged five and older should cover their mouth and nose with a mask in accordance with CDC guidelines.

Washington

Requirement

Every person aged 5+ must wear a face covering when in a place where any person not from their household is present, and in any place that is generally accessible to any person from outside their household. Masks are also required at any outdoor event with 500 or more people in attendance.

Masks are not required when (1) working indoors in areas not generally accessible to the public and when no customers, visitors, volunteers, or non-employees are present, only if the worker is fully vaccinated; and (2) working indoors alone, isolated from interactions with others and with little or no expectation of interruptions.

Employers must require face coverings or masks for customers and employees, in all industries, regardless of vaccination status, in indoor spaces accessible to the public. Employers must provide cloth face coverings or a more protective mask to employees, free of charge, when use of a mask is required. In areas that are not accessible to the public, employers may allow fully vaccinated employees, whose status has been verified by the employer, to remove their face covering or mask while indoors. Employers may also choose to require face coverings even if the space is not accessible to the public and employees are fully vaccinated. Employees have the right to voluntarily wear a mask or other protective equipment when it’s not required, as long as use doesn’t create a safety or security issue.

Any employer choosing to allow fully vaccinated employees to work without a mask in non-public indoor spaces must verify employee vaccination status. Vaccination status may be verified using the following evidence: vaccine card or photo of vaccine card, documentation from a health care provider, state immunization system record, or employee self-attestation document. Employers are not required to offer self-attestation as a verification option. Employers are not required to keep a copy of employee vaccination records.

A face shield with a drape can be used by people with developmental, behavioral, or medical conditions that prevent them from wearing a face covering.

NOTE: In Washington, 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.

West Virginia

Recommendation

The statewide face covering mandate was lifted on 6/20/21. Face coverings must still be worn where required by federal law. Additionally, any private business or school system can still require individuals to wear a face covering.

Wisconsin

Recommendation

Fully vaccinated individuals may resume indoor and outdoor activities without wearing a mask.

Every individual age 5 and older is strongly encouraged to wear a face covering if indoors or in an enclosed space, other than at a private residence, and others who are not members of individual’s household or living unit are present in the same room or enclosed space. A face shield is not permitted as a substitute for a mask unless the individual is engaging in work where wearing a face covering would create a risk, as determined by government safety guidelines, or if engaging in activities where federal or state law or regulations prohibit wearing a face covering.

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

Wyoming

Recommendation

The general statewide mask mandate was lifted on 3/16/21. Face coverings are encouraged in public spaces. 

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.