For at least another year and a half, California employers won’t be able to follow In-N-Out’s lead in banning workers from wearing masks on the job.
The state’s COVID-19 workplace rules protecting workers’ rights to decide for themselves whether to wear face coverings are locked in at least until February 2025 and could be extended.
Those regulations prevented the iconic Irvine-based burger chain from applying its new policy prohibiting workers from wearing face masks in its home state, where it operates about 70% of its restaurants.
Instead, In-N-Out’s mask ban will apply to workers at its restaurants in Arizona, Colorado, Nevada, Texas and Utah. It has a total of 116 locations in those states.
In a memo, the company said it wants to “emphasize the importance of customer service. And the ability to show our Associates’ smiles and other facial features.”
It is allowing employees to wear masks if they present a medical note that “clearly states the reason for the exemption.”
In-N-Out released a different masking policy for employees in California and in Oregon that leaves the choice to mask up to each individual worker. That approach complies with California and Oregon standards that provide continuous protections to employees.
Keeping the right to mask is more about our freedom and power to make decisions that will keep us safe at work.
— Ingrid Vilorio, Castro Valley Jack in the Box worker and SEIU member
In a way, the split is a reminder of California’s more cautious response to the COVID-19 pandemic. The Democratic state was the first to order its residents to shelter in place and…
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