November 27, 2021

Volume XI, Number 331

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Delaware Governor Issues Order Imposing Obligations on Businesses Regarding the Use of Face Coverings

On April 25, 2020, Delaware Governor John Carney issued the thirteenth modification of his “COVID-19 State of Emergency” declaration, imposing obligations on businesses regarding the use of face coverings by employees and the public. Starting at 8:00 a.m. EDT on Friday, May 1, 2020, businesses must:

  • require employees to wear face coverings while working in areas open to the public and in areas where coming within six feet of other staff is likely;

  • provide, at the employer’s expense, face coverings and hand sanitizer for employees;

  • deny entry to individuals who do not have face coverings (unless the business is able to provide face coverings at the point of entry); and

  • “take steps to remind customers to wear face coverings by (a) posting the requirement at the entrance of the business, and (b) posting clearly visible signs inside the store to remind customers of the requirement to wear the face covering at all times when in the business.”

While businesses must deny entry to individuals who are not wearing face coverings, if a business provides medication, medical supplies, or food, it must provide alternate methods of pickup or delivery. Additionally, all restaurants are required to have “all employees who interact with customers,” including all delivery personnel, “wear a face covering while working.”

The order defines “face covering” as “a soft cloth or fabric covering that fully covers a person’s nose and mouth, not a medical-grade mask. The term ‘face covering’ includes, without limitation, scarves and bandanas. The face covering should be comfortable, so that the wearer can breathe comfortably through the nose and does not have to adjust it frequently, so as to avoid touching the face.”

Governor Carney also stated in the order that failure to comply with its provisions “constitutes a criminal offense.” Delaware’s COVID-19 State of Emergency declaration, together with its modifications and additions, will “remain in effect until further notice.”

© 2021, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.National Law Review, Volume X, Number 121
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About this Author

Dean J. Shauger Labor $ Employment Litigation Attorney Ogletree Deakins Law Firm Philadelphia
Associate

Dean Shauger is an associate in the Philadelphia office of Ogletree Deakins.  Dean represents employers in labor and employment matters, including litigation involving discrimination, wage and hour issues, and proceedings before state and federal courts and administrative agencies.  His litigation experience encompasses all aspects of litigation, as well as assisting with settlement opportunities where litigation is not consistent with a client’s ultimate objective.

Dean graduated magna cum laude from Villanova University School of Law...

215-995-2844
Daniel O'Meara, Shareholder
Shareholder

Daniel O’Meara is a Shareholder in the Philadelphia office of Ogletree Deakins. Dan has been a practicing attorney for nearly 30 years, with extensive experience in employment litigation, labor relations and preventive human resource practices. Dan has substantial experience in matters involving trade secrets, noncompete agreements, and the employee duty of loyalty. He has written and spoken extensively on these subjects, and in a two-year period, obtained more than 60 injunctions for employers in courts around the country. Dan has successfully tried...

215-995-2833
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