Making good on President Biden’s position that everyone should wear a mask when using public transportation, the CDC issued an Order  effective February 2nd requiring all travelers using public transportation to wear masks while boarding, traveling and disembarking.  The Order requires all travelers, crew, and people who work at the transportation hub (airport, train station, port, bus depot, etc.) to wear a mask when travelling and when at the hub. The Order allows operators of public transportation and public transportation hubs to adopt additional practices that are more protective of public health and more restrictive than the CDC Order.

In the Federal Register Notice announcing the Order and the Order itself, the CDC describes in detail what types of properly worn masks satisfy this Order and what types of masks do not. For example, masks should not have exhalation valves and if a face shield is worn, it must be worn on top of a mask that is otherwise acceptable under the Order.

The Order does not apply to your personal vehicle if you are using it for personal, non-commercial use, but it does apply to rideshare arrangements for a fee or service. The Order also does not apply to commercial motor vehicles or trucks as defined by DOT regulation at 49 CFR 390.5 if the driver is the only person in the vehicle, and it does not apply to vehicles operated or chartered by the US military.

The Order provides an exemption for individuals under 2 years of age, individuals who cannot wear a mask due to workplace safety, and individuals with disabilities who cannot wear masks. The Order says CDC will be issuing further guidance regarding the exception for disabled individuals.

You do not have to wear a mask for brief periods when you are: eating; drinking; taking medication; using an oxygen mask due to loss of cabin pressure or ventilation issue; when unconscious, incapacitated or when you can’t remove the mask without assistance; when you need to remove to the mask to communicate with someone who is hearing impaired and they need to see your mouth to communicate (for example, masks with clear plastic panels may be used to facilitate communication with people who are hearing impaired or others who need to see a speaker’s mouth to understand speech); or when you need to pull your mask down to prove your identity. And yes, you have to wear your mask while you are sleeping on public transportation.

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Photo of Francis P. Alvarez Francis P. Alvarez

Francis P. (Frank) Alvarez is a principal in the White Plains, New York, office of Jackson Lewis P.C. He is the founder and co-leader of the firm’s Disability, Leave and Health Management (DLHM) practice group.

Photo of Tara K. Burke Tara K. Burke

Tara K. Burke is the knowledge management (“KM”) attorney for Jackson Lewis P.C.’s Disability, Leave & Health Management practice group, and is based in the Cincinnati, Ohio, office of Jackson Lewis P.C. She works with employers to build positive and inclusive workplaces and…

Tara K. Burke is the knowledge management (“KM”) attorney for Jackson Lewis P.C.’s Disability, Leave & Health Management practice group, and is based in the Cincinnati, Ohio, office of Jackson Lewis P.C. She works with employers to build positive and inclusive workplaces and reduce legal risk through policy development, training, and employment law counseling.

Tara provides practical and legal advice to clients on employment law issues including harassment and discrimination prevention, diversity and inclusion, hiring and interviewing, internal investigations, disability accommodation and leave management, reductions in force, individual separations and employee relations issues. Tara works with clients, including multi-state employers, to identify the trends in workplace law and stay in compliance with the rapidly changing state-by-state legal landscape. Tara helps clients of all sizes and in all industries, create, revise and implement workplace policies and procedures including employee handbooks. She also routinely conducts workplace training for leadership, human resources, managers and employees on numerous topics including strong management practices that reduce legal risk and build effective teams, preventing sexual harassment by supporting respectful and positive workplaces, achieving winning results through diversity and inclusion, conducting investigations, and employee accommodations and leaves of absence.

Tara has defended employers in employment-related litigation and administrative proceedings.

In addition to working with for-profit clients, Tara also works with non-profit clients, including small non-profits, to provide employment law expertise to non-profit organizations supporting our communities across the country.

Photo of Katharine C. Weber Katharine C. Weber

Katharine C. Weber is a principal in the Cincinnati, Ohio, office of Jackson Lewis P.C. and co-leader of the firm’s Disability, Leave and Health Management (DLHM) practice group. She has successfully assisted countless clients in handling their labor and employment issues in both…

Katharine C. Weber is a principal in the Cincinnati, Ohio, office of Jackson Lewis P.C. and co-leader of the firm’s Disability, Leave and Health Management (DLHM) practice group. She has successfully assisted countless clients in handling their labor and employment issues in both Ohio and Kentucky.

Katharine has experience litigating wrongful discharge cases; managing discrimination cases; negotiating collective bargaining agreements; representing employers before the Equal Employment Opportunity Commission and other federal, Ohio and Kentucky agencies; advising management on employment relations; drafting employee handbooks; and negotiating severance agreements.

Katharine regularly advises clients on wage and hour issues. Over the past five years she has served as lead counsel on various wage and hour class and collective actions filed in both Ohio and Kentucky involving claims of misclassification, off the clock work, and other violations for which the plaintiffs claimed to be owed substantial overtime.

Additionally, Katharine is extremely knowledgeable in the area of the Americans with Disabilities Act, and the Family and Medical Leave Act, and brings sophisticated, yet easy to understand advice on handling and defending against sexual harassment claims. From helping clients analyze options and making recommendations on how to handle employee relations issues, to representing clients in complex discrimination cases, Katharine always provides creative solutions and passionate advocacy for her clients. She is also very involved in the transportation industry and has successfully litigated several cutting-edge employment law cases which have been of great benefit to transportation industry employers.