mask mandate

On May 13, 2021, the Centers for Disease Control and Prevention (CDC) issued new guidance withdrawing the mask and physical distancing requirements for fully vaccinated individuals. The new CDC guidance raises issues for employers with respect to the requirements under existing state emergency temporary standards (ETS), state regulations and orders, and the employer’s ability to mandate the use of masks by employees or customers and to request proof of vaccination. We anticipate that various federal agencies will issue more guidance soon. In the meantime, to help employers to think through the answers to these questions, we provide the following information.