What CDC’s New Mask Guidance Means For Employers

18 May 2021 Law360 Publication
Authors: Scott T. Allen

Senior Counsel Scott Allen has written an analysis for Law360, “What CDC’s New Mask Guidance Means For Employers,” about whether employers should change their policies on mask use in light of the CDC’s new guidance saying that fully vaccinated individuals are no longer required to wear masks or practice social distancing in most indoor or outdoor settings.

Allen points out that the CDC’s guidance does not override local, state or federal rules on mask use. He also notes that the Occupational Safety and Health Administration’s previous guidance recommended that employers not distinguish between workers who are fully vaccinated and those who are not, though that guidance is now under review.

“There is no one-size-fits-all answer, and employers will need to consider applicable state and local rules, further developments from federal agencies, the proportion of the workforce that is fully vaccinated, and other aspects unique to their workplace, including the type of work employees perform and the need to work in proximity with others,” he writes.

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