Effective April 20, 2020 at 8:00 p.m., employees in the workplace are required to wear a face mask or cloth face covering. Governor Lamont issued this directive as part of Executive Order No. 7BB, which also requires individuals in public to “cover their mouth and nose with a mask or cloth face-covering” when a “safe social distance of approximately six feet from every other person” cannot be maintained. Connecticut follows New York’s lead once again, as New York previously implemented a substantively identical order.

Per Governor Lamont’s order, the Connecticut Department of Community and Economic Development’s Safe Workplace Rules for Essential Employers has been updated to require masks for all employees in the workplace. Employers are required to provide masks or cloth face coverings for all employees. In the event of a shortage or backlog, employers must enable employees to make and wear their own masks by providing the materials and a CDC tutorial, or reimburse employees for the cost of making their own masks or cloth face covering. Presumably, an employer is also required to reimburse employees for ready-made masks that they purchase in the event of an employer shortage.

There is one important exception—employers cannot force an employee to wear a mask if it would be contrary to the employee’s health or safety because of a medical condition. Employers cannot require medical documentation verifying an employee’s representation of such a medical condition.

Outside the workplace, Connecticut requires anyone waiting for or riding any mass or public transportation to wear a mask or face covering. Exempt from the order are children under two years of age, children over the age of two whose caretakers cannot “place the mask safely on the child’s face,” and people for whom a medical condition renders a mask contrary to their own health or safety.

Please contact the Murtha employment team with any questions concerning workplace face-covering requirements or any other COVID-19 related developments.

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Photo of Patricia E. Reilly Patricia E. Reilly

Patricia E. Reilly, Chair of the Labor and Employment Practice Group, is an experienced litigator who represents clients in a wide range of cases including, employment discrimination and related torts, non-compete and restrictive covenants, wage and hour, breach of contract, unfair trade practices…

Patricia E. Reilly, Chair of the Labor and Employment Practice Group, is an experienced litigator who represents clients in a wide range of cases including, employment discrimination and related torts, non-compete and restrictive covenants, wage and hour, breach of contract, unfair trade practices, and business disputes. In addition to maintaining a thriving litigation practice, Tricia counsels clients on a variety of employment-related issues including hiring, firing, and discipline; wage and hour; state and federal FMLA; sexual harassment investigations and prevention; Title IX; pregnancy and disability accommodation; and avoidance of employment discrimination liability.

Tricia is listed as a leading Labor and Employment Lawyer in Chambers USA.  She is listed in Best Lawyers in America®, and in 2017, Best Lawyers in America® recognized her as “Lawyer of the Year”, New Haven, Litigation – Labor and Employment. Tricia is a member of the American Bar Association, the Connecticut Bar Association and the New Haven County Bar Association.  She received her B.A. from Wesleyan University and her J.D. from University of California, Berkeley School of Law.

Photo of Salvatore G. Gangemi Salvatore G. Gangemi

Salvatore G. Gangemi is a Partner in the Litigation Department of Murtha Cullina and a member of the Labor and Employment Practice Group. He advises clients with respect to state, federal and local employment laws. In addition, he litigates matters involving misappropriation of…

Salvatore G. Gangemi is a Partner in the Litigation Department of Murtha Cullina and a member of the Labor and Employment Practice Group. He advises clients with respect to state, federal and local employment laws. In addition, he litigates matters involving misappropriation of trade secrets, restrictive covenants, breach of employment contract, fiduciary duty, and other work-related common law claims. Sal also counsels clients on day-to-day issues involving workplace management and administration, including requests for reasonable accommodation for disabilities, for family and medical leave, and wage and hour issues.  He conducts employment law training on a variety of topics, including sexual harassment prevention and wage/ hour compliance.  He also drafts employment policies and agreements, and assists clients in auditing worker classification practices and policies both in the context of the Fair Labor Standards Act and state laws governing independent contractor determinations.