Facing Your Face Mask Duties – A List of Statewide Orders

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. As businesses reopen, 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, current as of November 25, 2020 at 11:00 a.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 We will update this list regularly but expect it will become outdated quickly as new announcements are made. 

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 interactive reopening map, as well as our articles identifying return to work protocols and employee health screening guidance.

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.

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

Alabama

Requirement

Each person over age 6 shall wear a face covering at all times when within six feet of a person from another household in any of the following places: an indoor space open to the general public, a vehicle operated by a transportation service, or an outdoor public space where ten or more people are gathered.

Face coverings are expressly required for employees of restaurants, personal care services, entertainment venues, and gyms and fitness centers. Other employees must comply with the general face covering mandate.

NOTE: Many Alabama localities have 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 of restaurants, bars, nightclubs, gyms and fitness centers, indoor theaters, and water parks/tubing facilities.

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

Every person over age 9 must wear a face covering in all indoor environments where they are exposed to non-household members and distancing of 6 feet or more cannot be assured, and in all outdoor settings where there is exposure to non-household members unless ample space exists to practice physical distancing.

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 house are encouraged to wear a face mask. All staff are 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.

NOTE: In Arkansas, 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.

California

Requirement

Individuals over age 2 must wear a face covering when outside their homes unless one of the specified exceptions applies, including but not limited to: (1) in a car alone or solely with members of their own household; (2) working in an office or in a room alone.

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. A face shield alone cannot be used as a substitute for a face covering.

Employers must provide face coverings to workers or reimburse workers for the reasonable cost of obtaining them and must provide and ensure workers use all required protective equipment, including eye protection and gloves.

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

Employees of critical businesses and mass transportation who 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) wear gloves, as appropriate by industry standards, when in physical contact with customers or goods if gloves are provided to workers by their employer.

Individuals over age 10 must wear a face covering when entering or moving within any indoor public space and when using transportation services. An owner, operator, or manager of a public indoor space may not provide service to individuals or allow an individual to enter unless the individual is wearing a face covering as required. Counties eligible for the Protect Our Neighbors phase may choose to be exempt.

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

Face coverings are required for all people over age 2 when in a public place, including while using transportation services, and unable to maintain social distancing. Documentation required for individuals claiming an exemption due to a medical condition.

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 over age 11 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.

Employees and customers of personal care services must wear a face covering. If the customer must remove theirs for a service to be performed, the employee must wear a face shield in addition to a face covering.

District of Columbia

Requirement

Individuals over age 2 must wear a face covering at businesses, office buildings, and other establishments open to members of the public. Employers shall provide masks to their employees. Businesses, office buildings, or other establishments shall exclude or attempt to eject persons who are not wearing masks or who remove their required masks.

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. 

All individuals over age 2 are recommended to wear face coverings in any setting where social distancing is not possible.

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 employees of bars, restaurants, personal care services, amusement parks and carnivals, conventions, and live performance venues.

Other open businesses are recommended to provide 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.

NOTE: In Georgia, 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

Hawaii

Requirement

All individuals over age 5 must wear a face covering when in 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.

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. Use of face coverings by the general public is strongly recommended.  

NOTE: In Idaho, 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.

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.

In restaurants, face coverings must be worn in indoor and outdoor seating, and during any interaction with wait staff, food service workers, and any other restaurant employee.

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

All individuals over age 7 must wear a face covering when inside a business, public building, other indoor location open to the public, in an outdoor public space where distancing is not feasible, and while using transportation services.

Face coverings are not required in private offices, private workspaces, or meetings in which 6 feet of distancing can be maintained.

Face coverings are required for restaurant and bar employees, gym/fitness center employees, and personal care services employees.

NOTE: In Indiana, 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.

Iowa

Requirement

Masks are required for personal care services businesses.

In gatherings of more than 25 people and indoors, all participants over 2 years old must wear masks except when eating and drinking. If more than 100 people and outdoors, all participants over 2 years old must wear masks except when eating and drinking.

All individuals over age 2 are strongly encouraged to wear a face covering when in public settings, especially where difficult to remain 6 feet away from individuals not in their households.

NOTE: In Iowa, 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.

Kansas

Requirement

All businesses and organizations must require employees, customers, members of the public to wear face coverings when (1) employees are working in any space visited by the public, (2) when food is being prepared or packaged, (3) working or present in common areas, (4) customers or members of the public are present in the facility, and (5) in any enclosed area where others are present and are unable to maintain 6 feet distance.

All individuals over age 5 are required to wear a face covering in indoor and outdoor public spaces and while using transportation services.

Executive Order 20-68 renews the above requirements effective 11/25/20 for counties that opted out of the previous mask order. The requirements do not apply to counties and cities that have already adopted a mask requirement.

NOTE: Some counties may have opted-out of the governor's face covering requirement. Other 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

Individuals over age 5 must wear a face covering while inside or waiting to enter any retail establishment, grocery store, pharmacy, personal care services establishment, child care facility, restaurant, bar, health care provider, or any other indoor or outdoor public space where it is difficult to maintain 6 feet of physical distance from others. Face coverings are also required when using transportation services.

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. 

All individuals over age 7 must wear a face covering when inside a commercial establishment or any other building or space open to the public, whether indoor or outdoor, including transportation services. All businesses and organizations must require all persons entering the premises to wear face coverings unless located in a parish that has opted out (those with fewer than 100 new cases per 100K people in the previous 2 weeks may opt out of the requirement).

NOTE: In Louisiana, 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.

Maine

Requirement

Individuals must wear a cloth face covering in indoor and outdoor public settings regardless of the ability to maintain physical distance.

Retail employees must wear face coverings.

Restaurant employees must wear face coverings.

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 customers over age 5 are required to wear face coverings (1) while using transportation services; (2) indoors at any location where members of the public are generally permitted; (3) outdoors and unable to consistently maintain at least six feet of distance from individuals who are not members of their household; (4) while obtaining healthcare services; and (5) while engaged in work in any area where interaction with others is likely, including without limitation, in shared areas of commercial offices or where food is prepared or packaged.

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 5 must wear face coverings in public settings, whether indoors or outdoors. 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 must provide non-medical grade face coverings to their employees, require face coverings to be worn when employees cannot consistently maintain six feet of separation from other individuals in the workplace, and consider face shields when employees cannot consistently maintain three feet of separation from other individuals in the workplace, and require face coverings in shared spaces, including during in-person meetings and in restrooms and hallways.

Any individual over age 4 leaving their residence must wear a face covering when in an indoor public space or in an outdoor public space and are unable to consistently maintain a distance of six feet or more from individuals who are not members of their household. Face coverings are also required when using transportation services. No business that is open to the public may provide service to a customer or allow a customer to enter its premises, unless the customer is wearing a face covering. A business may not assume that an unmasked customer cannot medically tolerate a face covering, though it can accept a customer’s verbal representation to that effect.

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

Individuals over age 5 must wear a face covering in indoor businesses and indoor public settings, when using transportation services, and in any other business, venue, or public space which has opted to require a face covering when it would not otherwise be required. Businesses must require that all persons, including their workers, customers, and visitors, wear face coverings, and when possible, provide accommodations for people who cannot due to a medical condition or disability.

Workers must also wear face coverings outdoors when it is not possible to maintain social distancing. Workers must also comply with any applicable industry guidance, such as a requirement to use face shields.

NOTE: In Minnesota, 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.

Mississippi

Requirement

Employers must require appropriate PPE to be worn by all employees while at work or on duty based on their duties and responsibilities and in adherence to federal, state and local regulations and guidelines, and strongly encouraging a face covering, covering the nose and mouth, for all public-facing employees while on duty and for all employees when it is not possible for the employees to maintain a minimum of six feet separation from customers/visitors or co-workers.

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.

All individuals in high risk counties (Benton, Carroll, Covington, DeSoto, Forrest, Harrison, Hines, Humphreys, Itawamba, Jackson, Lamar, Lauderdale, Leflore, Lee, Madison, Marshall, Montgomery, Pontotoc, Rankin, Tate, Winston, and Yalobusha) are required to wear face coverings when inside an indoor space open to the public and maintaining 6 feet of distance is not possible.

All other 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, 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.

Missouri

Recommendation

People should wear cloth face coverings in public settings where other social distancing measures are difficult to maintain.

NOTE: In Missouri, 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.

Montana

Requirement

All businesses or other persons responsible for indoor spaces open to the public shall require and take reasonable measures to ensure that all employees, contractors, volunteers, customers, or other members of the public wear a face covering at all times while entering or remaining in any indoor spaces open to the public. Only those employees, volunteers, and contractors in public-facing work spaces are required to wear face coverings. Employers must provide face coverings for all employees and volunteers. For any organized outdoor activity where social distancing is not possible or is not observed, sponsors shall require and take reasonable measures to ensure that all persons attending an organized outdoor activity wear a face covering.

NOTE: In Montana, 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.

Nebraska

Requirement

Required for personal care services, bowling alleys, pool halls, body art establishments, and any other indoor businesses where staff and patrons are within 6 feet of each other for 15 consecutive minutes or more.

Recommended for restaurant employees.

Residents are recommended to wear a 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, 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.

Nevada

Requirement

All individuals over age 9 must wear face coverings in public spaces. Businesses operating during Phase 2 must ensure that employees, customers, patrons, patients, and clients wear face coverings, including by prohibiting persons without face coverings from entering the premises.

New Hampshire

Requirement

 

All individuals over age 5 must wear a face covering any time they are in public spaces, indoors or outdoors, where they are unable to or do not consistently maintain a physical distance of at least six feet from persons outside their own households.

NOTE: In New Hampshire, 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 Jersey

Requirement

Individuals must wear face coverings in both indoor and outdoor spaces accessible to the public when it is not practicable to keep a six-foot distance from others.

Employers must require employees, customers, visitors, and other individuals entering the worksite to wear cloth or disposable face masks while on the premises, except where the individual is under two years of age or where it is impracticable for an individual to wear a face mask, such as when the individual is eating or drinking or where a service being provided by the employer cannot be performed on an individual who is wearing a mask. Employers must make available, at their expense, such face masks to their employees. Employers may deny entry to the worksite to any employee, customer, or visitor who declines to wear a face mask, except when doing so would violate state or federal law.

Employers may adopt policies that require employees to wear gloves in addition to regular hand hygiene. Where an employer requires its employees to wear gloves while at the worksite, the employer must provide such gloves to 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.

Essential retailers may not allow a person who is without a mask or multilayer cloth face covering to enter the premises except where that person is in possession of a written exemption from a healthcare provider.

All individuals must wear a face covering in indoor and outdoor public settings, including while exercising.

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

Any employee who is present in the workplace shall be provided and shall wear a mask or face-covering when in direct contact with customers or members of the public, or when unable to maintain social distance. Businesses must provide, at their expense, such face coverings for their employees.

Any individual who is over age two 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.

Any paying passenger of a public or private transportation carrier or other for-hire vehicle, who is over age two and able to medically tolerate a face covering, shall wear a mask or face-covering over the nose and mouth during any such trip; any employee of such public or private transportation carrier who is operating such public or private transport, shall likewise wear a mask or face-covering which covers the nose and mouth while there are any paying passengers in such vehicle.

NOTE: New York City has its own face covering obligations. In addition, 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

Requirement

Individuals over age 4 must wear face coverings in any public place, business or establishment: indoors where people from other households are present, and outdoors where it is not possible to consistently be physically distant by more than six feet from non-household members.

Employers who have workers who perform work outside of their home and have not already provided face coverings for their workers shall make good-faith efforts to provide a one week supply of reusable face coverings or a new disposable Face covering daily as soon as possible for workers to use at their place of employment. New face coverings should be provided during the work day if the worker's face covering becomes soiled, tom, or wet. 

Face coverings are required at all times for employees in gyms and fitness centers, museums, aquariums, personal care services, restaurants and bars, retail businesses, transportation services, agriculture, construction, and manufacturing.

NOTE: In North Carolina, 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.

North Dakota

Requirement

Individuals over age 4 must wear face coverings in indoor businesses and indoor public settings. Face coverings must also be worn in outdoor business and public settings when it is not possible to maintain physical distancing. This requirement applies to all workers, patrons, customers, visitors or guests unless exempt.

Individuals exempt due to a medical condition should consider using alternatives to face coverings, including clear face shields, and staying at home as much as possible.

NOTE: In North Dakota, 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.

Ohio

Requirement

Businesses must require that all people, including employees, customers, and visitors, wear a face covering and take reasonable steps to enforce the requirement; and mitigate or eliminate exposure to people who cannot wear or refuse to wear a face covering. Businesses must provide reasonable accommodation to people who state they have a medical condition, mental health condition, or disability that makes it unreasonable for the person to maintain a face covering.

Individuals over age 2 must wear facial coverings in public at all times when at an indoor location that is not a residence; outdoors, but unable to maintain six feet of distance from people who are not household members; when working in any space where food is prepared, packaged for sale, or prepared for distribution to others; during indoor physical exercise; participating in an indoor or outdoor group activity; and while using transportation services. Masks are also required in retail settings.

Exceptions are specified but all alternatives, including face shields, should be exhausted before an individual is granted an exception.

NOTE: In Ohio, 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.

Oklahoma

Recommendation

Recommendation to follow CDC guidelines.

NOTE: In Oklahoma, 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.

Oregon

Requirement

A business and a person responsible for indoor and outdoor spaces open to the public must require employees, contractors, volunteers, customers and visitors to wear a mask, face shield, or face covering. 

Masks, face coverings or face shields are not required when at or in a location where the employee, contractor or volunteer is not interacting with the public and at least six feet of distance can be maintained between other people. It is strongly recommended, but not required, that individuals wear a mask or face covering rather than relying upon a face shield alone.

Employers must provide masks for employees and at least disposable masks for customers and visitors at no cost.

These employers must develop and comply with policies and procedures that provide for accommodations and exemptions from the mask or face covering requirement.

These businesses may require customers and visitors to wear face coverings.

Face coverings are required for individuals over age 5 in indoor and outdoor public spaces, including for individuals exercising indoors, as well as outdoors if distancing cannot be maintained.

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 must require that all people, including their employees, customers, and visitors, wear a face covering and take reasonable steps to enforce the requirement; and mitigate or eliminate employee, visitor, and customer exposure to people who cannot wear or refuse to wear a face covering. Masks are not required when working alone and isolated from interaction with other people with little or no expectation of in-person interaction. Businesses may decline service to individuals who are not wearing a face covering or claiming to have a condition preventing them from wearing a face covering or an alternative to a face covering, so long as they attempt to provide a reasonable accommodation.

Individuals over age 2 are required to wear face coverings indoors or in an enclosed space, where another person or persons who are not members of the individual’s household are present in the same space, irrespective of physical distance; and outdoors with others who are not members of a person’s household and unable to maintain sustained physical distance. Masks are required when using transportation services and when working in any space where food is prepared, packaged for sale, or prepared for distribution to others.

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. All individuals over age 2 must wear face coverings in indoor and outdoor public places.

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.

NOTE: In South Carolina, 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.

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, 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.

Texas

Requirement

Every person over age 9 shall wear a face covering over the nose and mouth when inside a commercial entity or other building or space open to the public, or when in an outdoor public space, wherever it is not feasible to maintain six feet of social distancing from another person not in the same household.

People in counties with minimal COVID-19 cases as certified by the state are exempt, but are strongly encouraged to 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 over age 2 shall wear a face mask while within six feet of any individual from a separate household. Businesses shall require each employee and contractor to wear a face mask while at work and require each patron that enters the premises of the business to wear a face mask, including in an area of ingress or egress.

NOTE: In Utah, 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.

Vermont

Requirement

All individuals over age 2 shall wear masks or cloth facial coverings over their nose and mouth any time they are in public spaces, indoors or outdoors, where they come in contact with others from outside their households, especially in congregate settings, and where it is not possible to maintain a physical distance of at least six feet. All businesses 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

Requirement

Individuals over age 5 must wear a face covering when inside a brick and mortar retail business, personal care services businesses, food and beverage establishments, entertainment and recreation businesses, while using transportation services, and when in any other indoor place where people are in close proximity to each other.

Employees of essential retail businesses must wear a face covering while working in customer-facing areas.

Employers must provide face coverings to employees and require their use.

Washington

Requirement

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

Businesses serving the public must require employees to wear face coverings and strictly enforce the requirement and refuse to serve patrons not wearing masks.

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

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

All individuals over age 9 must wear a face covering at all times when in indoor public spaces. Face Covering Toolkit here.

Restaurants 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

Requirement

Every individual age 5 and older must 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. Face coverings are strongly recommended in all other settings, including outdoors when it is not possible to maintain physical distancing.

NOTE: In Wisconsin, 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.

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, 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.

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.