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Feb 15, 2024

Workers could be fired if they wear masks without a doctor’s note, though rule doesn’t apply in California and Oregon

In-N-Out Burger, the popular fast-food chain, has told employees in five states that they will no longer be allowed to wear medical masks at work and could lose their jobs if they refuse to comply unless they have a note from their doctor.

According to a company memo leaked on Twitter, the guidance is being introduced to “emphasize the importance of customer service and the ability to show our Associates’ smiles and other facial features while considering the health and well-being of all individuals”.

It is set to go into effect on 14 August for workers in Texas, Nevada, Colorado, Arizona and Utah unless they have a “specific medical condition or health concern that requires them to wear a mask” along with a “valid medical note”.

Employees who refuse to comply will be disciplined “up to and including termination of employment”. The policy does not apply in California or Oregon, where employers are prohibited from banning employee masking.

In-N-Out Burger has been criticized previously for taking positions on Covid-19 recommendations, including a refusal, in 2021, to check the vaccination status of indoor dining customers. In that instance, the chain closed five of its dining areas in Contra Costa county, California, after authorities shut down its San Francisco outlet.

“In-N-Out Burger strongly believes in the highest form of customer service and to us that means serving all customers who visit us and making all customers feel welcome,” the company’s legal officer, Arnie Wensinger, said at the time.

“We refuse to become the vaccination police for any government,” Wensinger added. “It is unreasonable, invasive and unsafe to force our restaurant associates to segregate customers into those who may be served and those who may not, whether based on the documentation they carry, or any other reason.”

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This article was amended on 19 July 2023. An earlier version said that In-N-Out Burger closed five of its dining areas in Costa county; that should have said Contra Costa county.