California Labor &
Employment Law Blog
Florida Federal Judge Strikes CDC’s Travel Mask Mandate - What It Means For California Employers
Apr 20, 2022

Florida Federal Judge Strikes CDC’s Travel Mask Mandate - What It Means For California Employers

Topics: COVID-19

On April 18, 2022, a Federal District Court struck down the CDC’s Mask Mandate that had required masking during travel throughout the United States concluding that the order exceeded the CDC’s statutory authority and failed to adequately explain its decisions.

The Transportation Security Agency (TSA) announced it would not enforce masking on public transportation or in transportation hubs.  

Masking requirements for travel within California may still be required by local governments or transportation agencies.  The California Department of Public Health has not updated its masking guidelines which continue to indicate a masking requirement by reference to the CDC’s Mask Mandate.  Another example is the unchanged Los Angeles County Public Health Order (LACPHO) of March 23, 2022 which expressly requires masking “i) on public transportation (examples: airplanes, ships, ferries, trains, subways, buses, taxis, and ride-shares), [and] (ii) in transportation hubs, (Examples: airport, bus terminal, marina, train station….)”.  The LACPHO does not reference reliance on the CDC’s Mask Mandate.

Further, it is not clear whether the Biden Administration will appeal the ruling, in part, perhaps, because the Mask Mandate, following recent short extensions was scheduled to expire on May 3, 2022.

We expect to get more clarification in the coming days and weeks.  Meanwhile, employers concerned about masking requirements in conjunction with transportation issues should contact a CDF lawyer for advice.

About CDF

For over 25 years, CDF has distinguished itself as one of the top employment, labor and immigration firms in California, representing employers in single-plaintiff and class action lawsuits and advising employers on related legal compliance and risk avoidance. We cover the state, with five locations from Sacramento to San Diego.

> visit primary site

About the Editor in Chief

Sacramento Office Managing Partner and Chair of CDF’s Traditional Labor Law Practice Group. Mark has been practicing labor and employment law in California for thirty years. His practice has a special emphasis on the representation of California employers in union-management relations and handling federal and state court litigation and administrative matters triggered by all types of employment-related disputes. He is also adept at providing creative and practical legal advice to help minimize the risks inherent in employing workers in California. He recently named “Sacramento Lawyer of the Year” in Employment Law-Management for 2021 by Best Lawyers®.
> Full Bio   > Email   Call 916.361.0991

CDF Labor Law LLP © 2023

Editorial Board About CDF What We Do Contact Us Attorney Advertising Disclaimer Privacy Policy Cookie Policy