Governor Sisolak Orders Mandatory Face Coverings Effective 11:59 p.m. Tonight

Volume: 19 | Issue: 36

June 25, 2020

Governor Sisolak has issued a mandatory face covering policy for all Nevadans and visitors via Directive 24. In light of a 4 week increase in coronavirus infections, the Governor explained: “Today’s directive is our opportunity to limit our risk for exposure and infection, and to keep our businesses open and our economy moving. For Nevada to stay safe and stay open, we must make face coverings a routine part of our daily life.”

The Governor’s Office also issued a Guidance which explains that everyone must wear a face covering when leaving their home. Face coverings should be worn at all times, including inside of any public space and outside when 6 feet of social distancing from those not in the same household is not possible. Face coverings are required while at work:

• when interacting in-person with members of the public;
• when in any space visited by the general public, even if no one else is present;
• when in any space where food is prepared or packaged, for sale, or generally distributed to others;
• when walking though common areas, such as hallways, stairways, elevators, and parking facilities;
• in any room or enclosed area where other people (except for members of the person’s own household or residence) are present when unable to physically distance.

The Guidance lists exemptions from the face covering requirement, including:

• those with a medical condition, whether it be mental health, disability, or other health reason that prevents them from wearing a face covering;
• those who are hearing impaired, or when in communication with an individual who is hearing impaired where the ability to see the mouth is essential for communication;
• those for whom wearing a face covering would create a risk to the person as related to their work, as determined by local, state, or federal regulators or workplace safety guidelines;
• those who are seated at a restaurant or other establishment that offers food or beverage services, while they are eating or drinking, provided that they are able to maintain a distance of at least six feet away from persons who are not members of the same household or residence;
• those who are engaged in outdoor work or recreation when alone or with household members, when they are able to maintain a distance of at least six feet from others.

Directive 24 states that businesses operating during Phase Two “shall ensure that all patrons, customers, patients, or clients utilize face coverings, . . . , including prohibiting persons without face coverings from entering the premises.” The Guidance provides that businesses should establish a “no mask, no service” policy, post notices to enhance public awareness and requirements for entry and safety, and thoroughly screen those who are exempted from the face covering requirement. The Nevada Health Response Team has provided a printable poster for display in both English and Spanish. Finally, the Guidance explains that businesses do have the right to refuse service to a customer who is not wearing a mask, but encourages businesses to first “check that the individual is not part of an exempted category.”

Employers are encouraged to carefully read these materials and contact a KZA attorney with questions.

KZA Employer Report articles are for general information only; they are not intended and should not be construed to be legal advice. Reading or replying to such articles does not establish an attorney-client relationship. In addition, because the subject matters and applicable laws discussed in Employer Report articles are often in a state of change and not always applicable to every type of business entity or organization, readers should consult with counsel before making decisions based on the same.