As of August 5, 2021, the following counties are designated as having a Substantial COVID Transmission Rate:
As explained in the previous blog, the CDC recommends that fully vaccinated individuals wear a mask indoors in areas that have a substantial or high transmission rate. Prudent employers should monitor the COVID Transmission Rate in the counties where they do business. In addition to the CDC guidance, businesses must also monitor and abide by any county-level COVID guidance.
- Philadelphia County. Philadelphia County is not mandating indoor masks; however, the City is, “strongly recommending that everyone wear a mask while indoors in places where you do not know that everyone is vaccinated.” Philly Employers have a choice when it comes to in-person work:
- Follow the CDC Guidance: Businesses can follow the CDC Guidance (explained above) and require masks of all employees and patrons.
- Follow the Philly Guidance: Businesses can require all employees to wear a mask unless it has documentation that all of their employees are fully-vaccinated. Strict adherence to this guidance requires that employers obtain proof of vaccination. Remember, employers can request proof of vaccination from employees.
- Montgomery County. On July 29, 2021, the county released a mask guidance that is aligned with the CDC standard https://www.offitkurman.com/blog/2021/07/28/cdc-issues-updated-guidance-for-fully-vaccinated-individuals/. Employers doing business in Montgomery County must abide by this Guidance.
- Delaware County. As of the date of this blog, there are no local mask guidance for Delaware County. It is worth noting that while Pennsylvania does not have a mask mandate, the Commonwealth recommends that Pennsylvanians follow the CDC Guidance.
Businesses must continue to monitor CDC Guidance, state guidance and local (municipality level) guidance as it relates to COVID safety measures. The aforementioned bodies of guidance make up the employers’ standard of care when it comes to employee safety.
ABOUT SUSIE CIRILLI
Susie M. Cirilli is a Labor & Employment attorney that assists clients with issues involving the ADA, FMLA, and Title VII claims. Susie litigates on matters related to hostile work environment, discrimination based on sex, sexual orientation, pregnancy, race and disability. Susie has experience representing employers in fact-finding conferences and mediations before the PHRC and the EEOC. Susie’s practice also consists of counseling and advising clients on employment matters. She often advises employers on day to day employment matters and assists her clients on employee issues such as hiring and terminations, which includes drafting and negotiating separation agreements. Susie has experience drafting and revising employment agreements, employee handbooks, non-compete and non-solicitation agreements. Susie is admitted in the Middle District and Eastern District of Pennsylvania. She is also admitted in the Federal Court for the District of New Jersey.
ABOUT OFFIT KURMAN
Offit Kurman, one of the fastest-growing, full-service law firms in the United States, serves dynamic businesses, individuals and families. With 15 offices and nearly 250 lawyers who counsel clients across more than 30 areas of practice, Offit Kurman helps maximize and protect business value and personal wealth by providing innovative and entrepreneurial counsel that focuses on clients’ business objectives, interests and goals. The firm is distinguished by the quality, breadth and global reach of its legal services and a unique operational structure that encourages a culture of collaboration. For more information, visit www.offitkurman.com.
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