On November 22, 2020, Nevada Governor Steve Sisolak issued an Executive Order mandating that face coverings be worn at all times, whether indoors or outdoors, when Nevadans are around others who are not from their household. Face coverings must also be worn at every business, venue, and public or private gathering space.
The mandate is effective November 24, 2020 and operative for three weeks.
Beginning January 1, 2021, the Montana minimum wage will increase to $8.75 per hour.
The minimum wage is determined by taking the current minimum wage of $8.65 and increasing it by the Consumer Price Index for Urban Consumers (CPI-U) increase from August of 2019 to August 2020. The CPI-U increased by 1.31 percent (unadjusted) over the year ending August 2020. To keep the minimum wage at the same purchasing power as the prior year, the wage should increase by $0.11 per hour. However, since state statute requires the wage to rounded to the nearest 5 cents, the 2021 minimum wage rate will be $8.75.
On November 13, 2020, the North Dakota Department of Health’s State Health Officer signed Order #2020-08 mandating face coverings in:
The face covering mandate applies to all workers, patrons, customers, visitors, or guests but exempts the following:
Businesses must post one or more signs that are visible to all persons – including workers, customers, and visitors – instructing them to wear face coverings.
Businesses must also:
The order is effective November 14, 2020 through December 14, 2020.
On November 13, 2020, West Virginia Governor Jim Justice signed Executive Order No. 77-20 mandating face coverings to be worn at all times in all public indoor places in West Virginia. The order does not apply to children under age nine, anyone who has trouble breathing, or is otherwise unable to remove the mask without assistance. All businesses must post signs notifying the public of the face covering mandate and ensure the requirement is being followed.
The West Virginia Department of Health and Human Services provides the following face covering posters for all public buildings in West Virginia:
The executive order is effective November 14, 2020.
On November 20, 2020, the California Occupational Safety & Health Standards Board (board) adopted emergency rules that would be applicable to all employees and workplaces, including remote workers. The rules would require employers to:
The proposed emergency rules will be submitted to the California Office of Administrative Law (OAL), which has 10 calendar days to decide whether it will approve the rules. If approved, the OAL will file the emergency regulation with the Secretary of State, and the emergency regulation will become effective for 180 days, with possible extensions.
On November 18, 2020, Kansas Governor Laura Kelly released Executive Order #20-68 mandating any person in Kansas to wear a face covering essentially at all times in a public area (inside, or in line to enter, any indoor public space and outdoors when social distancing is impossible). The order also mandates that all businesses, open to customers or the public, require a face covering for employees, customers, visitors, and the public. Employees must wear a face covering at all times when working in an area that others can enter, regardless of whether another person is present, working around food, and in an enclosed area where other people are present and they cannot socially distance.
The face covering mandate does not apply to private offices or workspaces that are not open to customers or public visitors. It is also not required for the following persons:
The order is effective November 25, 2020 until rescinded or the Kansas COVID-19 State of Disaster Emergency expires, whichever is earlier.
On November 17, 2020, the Pennsylvania Department of Health released an updated order requiring social distancing and face coverings to prevent COVID-19 when:
The order also provides the following exceptions to the face covering requirement:
However, all alternatives to wearing a face covering, including the use of a face shield, should be exhausted before not wearing one at all.
The order also imposes the following obligations on all businesses:
Businesses may decline service to people who are not wearing a face covering or claim to have a condition preventing them from wearing a face covering or an alternative to a face covering, so long as they attempt to provide a reasonable accommodation. Accommodations could include an alternative to a face covering, such as use of a face shield or providing service options that do not require a customer to enter the business. This may include offering curbside pick-up, delivery, or other innovative solutions.
However, a business should not:
The order took effect November 18, 2020.
On November 18, 2020, the U.S. Immigration and Customs Enforcement (ICE) announced another extension to the Employment Eligibility Verification (Form I-9) flexibility rule, which was extended to December 31, 2020, because of COVID-19 and the need for precautions. This flexibility rule, applicable only to remote workplaces, defers the physical presence requirement for in-person verification of the Form I-9 identity and employment eligibility documentation. However, the flexibility rule does not apply if there are employees physically present at the workplace. If there are employees physically present, then an employer must verify their Form I-9 identity and employment eligibility documentation in-person.
On March 19, 2020, the DHS first announced that the physical presence requirements were deferred due to COVID-19. The DHS and ICE websites provide additional updates about when the extensions will end and when normal operations will resume.
On November 15, 2020, the Michigan Department of Health and Human Services’ Director released an emergency order that businesses, stores, and offices (businesses) must generally prohibit gatherings, including employee gatherings, with the following workplace-related exceptions:
The order also mandates social distancing in any gathering and face masks be worn. All persons refusing to wear face masks while gathered may be denied entry or service to a business. However, a face mask is not required:
Businesses may not assume that someone who enters their facility without a face mask falls within one of these exceptions, including the exception for individuals who cannot medically tolerate a face mask. An individual’s verbal statement that they are not wearing a face mask because they fall within a specified exception may be accepted. The order also lists mandatory closures, gathering restrictions, and capacity limitations.
The order is effective November 18, 2020 and remains in effect until December 8, 2020.
On November 13, 2020, Virginia Governor Ralph Northam released his Sixth Amended Executive Order 67 and Amended Order of Public Health Emergency Seven (2020) requiring all employees of essential retail businesses to wear a face covering whenever working in customer facing areas, which are:
Face coverings must also be worn by all persons over age five when entering, exiting, traveling through, and spending time inside all businesses or any other indoor place where people are in close proximity. However, a face covering is not required for any person who:
Additionally, the order does not require a face covering when it would be contrary to someone’s health or safety because of their medical condition(s), but adaptations and alternatives for individuals with health conditions or disabilities should be considered whenever possible. However, any person who declines to wear a face covering because of a medical condition must not be required to:
The order also directs the Commissioner of the Virginia Department of Labor and Industry to release emergency regulations and standards to control, prevent, and mitigate the spread of COVID-19 in the workplace. These regulations and standards, which have not been released yet, will address personal protective equipment, respiratory protective equipment, and sanitation, access to employee exposure and medical records and hazard communication.
The order took effect on November 16, 2020 and remains in effect until amended or revoked.