March 8 Tip of the Week

You’ve likely heard of a few states reopening in March without required safety measures such as capacity limits and mask mandates. These in addition to several other states that never implemented or previously rescinded a mask mandate. What does this mean for private businesses that want to continue requiring employees and customers to wear masks?

As to the recently reopened states, Mississippi Governor Reeves issued an executive order that rescinds the state mask mandate, but still encourages businesses to implement measures in compliance with federal, state, and local guidelines, which include facial coverings. In Texas, Governor Abbot’s recent executive order specifically indicates that businesses can still require additional hygiene measures, including face coverings, for employees and customers.

Other states that did not implement or rescinded their mask mandates still generally recommend that businesses follow available public health guidelines. Private businesses are therefore not only allowed, but in most places also encouraged to adopt measures aimed at stopping the spread of COVID-19, which may include implementing a mask requirement. Companies should also note that some local jurisdictions, even within states that have rescinded or otherwise do not have a mask mandate, have their own local rules and requirements.

Companies should be mindful that the Americans with Disabilities Act, as well as many state and local laws and COVID-19-related executive orders, require accommodation for individuals who cannot tolerate a mask, or otherwise exempt specific individuals from a general mask requirement.

Organizations are encouraged to review all applicable laws and guidance for their jurisdiction and industry and seek legal counsel as needed. The attorneys at myHRcounsel are just a click away to help during this time of rapidly changing rules and guidelines.

As to the recently reopened states, Mississippi Governor Reeves issued an executive order that rescinds the state mask mandate, but still encourages businesses to implement measures in compliance with federal, state, and local guidelines, which include facial coverings. In Texas, Governor Abbot’s recent executive order specifically indicates that businesses can still require additional hygiene measures, including face coverings, for employees and customers.

Other states that did not implement or rescinded their mask mandates still generally recommend that businesses follow available public health guidelines. Private businesses are therefore not only allowed, but in most places also encouraged to adopt measures aimed at stopping the spread of COVID-19, which may include implementing a mask requirement. Companies should also note that some local jurisdictions, even within states that have rescinded or otherwise do not have a mask mandate, have their own local rules and requirements.

Companies should be mindful that the Americans with Disabilities Act, as well as many state and local laws and COVID-19-related executive orders, require accommodation for individuals who cannot tolerate a mask, or otherwise exempt specific individuals from a general mask requirement.

Organizations are encouraged to review all applicable laws and guidance for their jurisdiction and industry and seek legal counsel as needed. The attorneys at myHRcounsel are just a click away to help during this time of rapidly changing rules and guidelines.