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This Won’t Hurt a Bit: Employee Temperature and Health Screenings

A List of Statewide Orders, as of June 10, 2020


Governors and public health officials across the country have implemented stringent measures to help contain the spread of COVID-19, such as safer at home and face covering mandates. Some jurisdictions also require employers to screen the health of employees, often as they begin a shift. These health screening steps, including temperature checks, are becoming more common as states further reopen their economies.


This post, current as of June 10, 2020 at 8:00 a.m. (CDT), covers statewide laws and orders that require employers to take employees’ temperatures and/or conduct other employee health screening procedures, such as asking employees about any COVID-19-consistent symptoms using a questionnaire or checklist. This chart covers only generally applicable requirements and does not cover the heightened requirements applicable to certain types of employees, such as healthcare workers; public health workers; long-term care, assisted living, and nursing home workers; first responders; and law enforcement. We will update this list regularly but expect it will become outdated quickly as new announcements are made.


Note that this list does not include temperature or health screening requirements at the local level. If you would like more information, please contact your Littler attorney for additional resources that summarize such requirements at both the state and local level.


In addition, this post does not address other significant issues related to employer screenings of employee health, including potential wage and hour, discrimination, and privacy concerns. As a result, employers should consult with counsel for details on additional orders that may apply to their operations and for guidance on related legal questions.


Employers interested in further information may wish to consult our articles identifying face covering guidance and return to work protocols, as well as our interactive reopening map.


Alabama

Recommended. "Best practice": employers should take temperatures onsite with a no-touch thermometer each day upon a person’s arrival at work. "Minimum practice": an employee may take his or her temperature before arriving. In either case, a normal temperature does not exceed 100.4F.

Recommended. Employers should screen all employees reporting to work for COVID-19 symptoms with specified  questions.


Alaska

No requirement

Recommended. Reopening businesses should conduct pre-shift symptom screening

NOTE: At least one Alaska locality has provisions concerning employee health screenings. Please check with your Littler attorney for additional information about your particular jurisdiction.

Arizona

No requirement

Recommended for retailers. Retail employers should implement symptom screening for employees prior to the start of their shift.


Arkansas

No requirement

Required for restaurant employers. All staff shall be screened for specified symptoms daily before entering the workplace.

Required for gyms and fitness centers. All staff shall be screened for specified symptoms daily before entering the workplace.

Recommended generally. Employees should be screened for fever, cough, shortness of breath, sore throat, or loss of taste or smell as they are entering the building at the beginning work.


California

No requirement.

NOTE: Some California localities have provisions concerning employee temperature screenings. Please check with your Littler attorney for additional information about your particular jurisdiction.

Required. Employers must train employees on how to limit the spread of COVID-19, including how to screen themselves for symptoms and stay home if they have them.

NOTE: Some California localities have provisions concerning employee health screenings. Please check with your Littler attorney for additional information about your particular jurisdiction.


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For full list of state regulations, continue reading on Littler.com

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