September 25, 2021

Volume XI, Number 268


September 24, 2021

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September 23, 2021

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September 22, 2021

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Mask Mandates After State-Wide Mask Recommendations – Are More Restrictions to Follow?

On July 28th the California Department of Public Health (“CDPH”) issued revised guidance for the use of masks, including recommending universal masking indoors statewide. This guidance comes on the heels of changes in the Centers for Disease Control (“CDC”) guidance recommending masking for indoor settings in areas with substantial and high transmission of COVID-19. The revised CDPH guidance for universal indoor masking is only a recommendation at this time. However, several counties have gone one step further and are now mandating masking indoors.

Mid-July, the County of Los Angeles issued a revised order mandating masking for public indoor settings regardless of an individual’s vaccination status. More recently, the counties of Sacramento and Yolo have issued orders mandating masking indoors.

These two counties’ orders nearly mirror each other and require that face coverings be worn, regardless of an individual’s vaccination status, in all indoor public settings, venues, gatherings, and workplaces.

Going forward, individuals, businesses, venue operators, and others responsible for the operation of indoor public settings must:

  • Require patrons to wear face coverings for all indoor settings, regardless of their vaccination status, and

  • Post clearly visible and easy-to-read signage at all entry points for indoor settings to communicate the masking requirements to patrons.

The order indicates individuals do not need to wear a face-covering indoors in any of the following circumstances:

  • When working alone in a closed office or room,

  • When actively eating and/or drinking,

  • When swimming or showering in a fitness facility,

  • When obtaining a medical or cosmetic service involving the nose or face, or

  • If the individual is specifically exempted pursuant to CDPH guidance.

The Sacramento and Yolo County orders became effective July 30, 2021.

Several other counties, including San Diego and Riverside, are now strongly recommending, but not yet mandating, masking indoors.

Jackson Lewis P.C. © 2021National Law Review, Volume XI, Number 214

About this Author

Dale R. Kuykendall, Labor and Employment Attorney, Jackson Lewis Law Firm

Dale R. Kuykendall is a Principal in the Sacramento, California, office of Jackson Lewis P.C. His practice focuses on advising and counseling employers in the hiring, supervision and termination of employees.

In addition to his advice and counsel practice, Mr. Kuykendall has successfully litigated a wide variety of employment cases through trial, including claims of unfair competition, breach of contract, discrimination, harassment and wrongful termination.

Prior to joining Jackson Lewis...

Sierra Vierra, Jackson Lewis Law Firm, Sacramento, Labor and Employment Litigation Attorney

Sierra Vierra is an Associate in the Sacramento, California, office of Jackson Lewis P.C. She represents management in civil litigation and administrative proceedings involving employment law matters, including discrimination, harassment, retaliation, wrongful termination, benefits, and a wide range of wage and hour issues. She litigates in federal and state courts, including class and representative actions, and represents employers in administrative proceedings. She also provides preventive advice and counsel on best practices.