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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 | 08.21.26

FTC Proposes Enforcement Policy Statement on Personalized Pricing: What Businesses Need to Know

On August 19, 2026, the Federal Trade Commission (FTC) announced a proposed Enforcement Policy Statement on personalized pricing — the practice of companies using consumers’ personal data to set individualized prices, discounts, coupons, or other incentives. The proposed statement, which is open for public comment for 30 days following publication in the Federal Register, marks a major step up in the FTC’s focus on data-driven pricing strategies and puts businesses across industries on notice that undisclosed or inadequately disclosed personalized pricing will not be tolerated. Importantly, while the proposed statement is not a binding legal requirement and does not create new legal obligations, it serves as an enforcement warning that the FTC is prepared to use its existing enforcement authority under Section 5 of the FTC Act (Section 5) and is also a potential harbinger of rulemaking. Businesses that engage in — or are considering — personalized pricing should carefully assess their disclosure practices and data collection procedures against the standards articulated in this statement....