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Are Essential Employees Required to Wear Masks/Face Coverings in the Workplace?

Client Alert | 2 min read | 04.07.20

On Friday, April 3, 2020, the Centers for Disease Control and Prevention (CDC) issued guidance recommending that individuals wear cloth face coverings, or masks, to help prevent the spread of COVID-19. The guidance “recommends wearing cloth face coverings in public settings where other social distancing measures are difficult to maintain (e.g., grocery stores and pharmacies) especially in areas of significant community-based transmission.” The CDC noted that it does not recommend the use of surgical masks or N-95 respirators, which must continue to be reserved for healthcare workers and other medical first responders. Instead, it encourages the use of simple cloth face coverings, including those fashioned from household items.

Though the CDC’s recommendations are not mandatory, several localities have already deemed the use of face coverings compulsory in certain circumstances, including in the workplace. In San Diego County, all employees who may have contact with the public in food service, grocery stores, and other named industries are required to wear face coverings. Other localities have gone further: Riverside County, California, requires all persons – including essential workers – to wear face coverings. New Jersey’s Hoboken City likewise requires all essential workers to wear face coverings while performing job functions. The orders define “face covering” broadly to include any material that covers the nose and mouth, including scarves, bandanas, neck gaiters, and even homemade coverings fashioned from t-shirts or towels. 

The CDC’s new guidance raises several important questions for employers who continue to operate essential businesses. First, as with the stay at home orders that were enacted in waves over the last two weeks, will states and localities enact new orders mandating the use of face coverings in the workplace? What options exist for employers that cannot obtain face coverings for their employees due to scarcity in the market? May employers lawfully mandate that their employees bring their own face covering to work? May an employer lawfully discipline or send home – with or without pay – an employee who fails to comply with a newly instituted face covering requirement? The answers to these questions are situational and will likely evolve as states and localities continue to seek ways to flatten the curve during the global pandemic. 

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Client Alert | 5 min read | 12.12.25

Eleventh Circuit Hears Argument on False Claims Act Qui Tam Constitutionality

On the morning of December 12, 2025, the Eleventh Circuit heard argument in United States ex rel. Zafirov v. Florida Medical Associates, LLC, et al., No. 24-13581 (11th Cir. 2025). This case concerns the constitutionality of the False Claims Act (FCA) qui tam provisions and a groundbreaking September 2024 opinion in which the United States District Court for the Middle District of Florida held that the FCA’s qui tam provisions were unconstitutional under Article II. See United States ex rel. Zafirov v. Fla. Med. Assocs., LLC, 751 F. Supp. 3d 1293 (M.D. Fla. 2024). That decision, penned by District Judge Kathryn Kimball Mizelle, was the first success story for a legal theory that has been gaining steam ever since Justices Thomas, Barrett, and Kavanaugh indicated they would be willing to consider arguments about the constitutionality of the qui tam provisions in U.S. ex rel. Polansky v. Exec. Health Res., 599 U.S. 419 (2023). In her opinion, Judge Mizelle held (1) qui tam relators are officers of the U.S. who must be appointed under the Appointments Clause; and (2) historical practice treating qui tam and similar relators as less than “officers” for constitutional purposes was not enough to save the qui tam provisions from the fundamental Article II infirmity the court identified. That ruling was appealed and, after full briefing, including by the government and a bevy of amici, the litigants stepped up to the plate this morning for oral argument....