COVID is surging throughout the United States thanks, in no small part, to the Delta variant, which is significantly more contagious than the form of the virus that swept through the country last year. The CDC has just revised its guidance and now suggests that even vaccinated individuals should wear masks in public, indoor settings in areas with “high” or “substantial” transmission rates. At present, Monmouth County is the only county in New Jersey with a “high” transmission rate, though several New Jersey counties have a “substantial” transmission rate (Atlantic, Bergen, Burlingon, Essex, Gloucester, Middlesex, Ocean, Somerset & Union). Governor Murphy is strongly recommending mask use indoors, but thus far, has stopped short of requiring it.

If the current COVID trend continues, businesses should expect mask requirements will go back into force. Certainly, businesses remain free to require mask-wearing and social distancing.