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Thursday, Apr 30 2020

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Legal 'Minefield' Awaits Employers As States Push Businesses To Reopen

The next big political fight is over protections for employers who, if they reopen during the pandemic, could face lawsuits from employees who get sick.

The effort to reopen the economy in the midst of the coronavirus pandemic has set off a conflict at the state and federal level that is escalating by the day over how much legal protection companies should get if their returning workers get sick. The White House, governors, members of congress and state lawmakers are all getting pressured by business leaders who want to be shielded from potential lawsuits brought by sick workers. (McCombs, 4/30)

Major business groups are spearheading the push for political action to limit Covid-19 liability claims. Thomas Donohue, CEO of the US Chamber of Commerce, told CNN his group planned to work "very aggressively" with Congress to create a stopgap for pandemic-related class actions lawsuits. The National Association of Manufacturers is asking Congress to limit state and federal lawsuits against essential manufacturers. In a set of policy recommendations, the association proposed limiting claims to instances where the manufatcurer had "actual knowledge" an employee would be exposed to the virus and "acted with reckless indifference or conscious disregard as to whether they would contract it." (Boykoff, 4/29)

As business leaders contemplate the thawing of this economic deep-freeze, they might want to brace for a flood of litigation that could follow. The trickle has already started: A lawsuit is filed against Walmart over a worker鈥檚 death in Illinois. The owner of a lifestyle center in Rhode Island takes tenants to court over missed lease payments. Amazon faces potential class-action litigation accusing it of price gouging. (Chesto, 4/29)

In other news on workers' safety 鈥

With each new case of COVID-19 reported at an Amazon warehouse, workers receive a text or voicemail alert assuring them that the best safety procedures recommended by the Centers for Disease Control and Prevention are being put in place. 鈥淲e continue to follow CDC guidance,鈥 messages from the company say. But some workers say that isn't true. And some say they are pressured by managers to report that social distancing is maintained when that鈥檚 not the case. (Kopp, 4/29)

In Michigan, some unstaffed highway rest stops are shuttered. In Santa Barbara, Calif., local librarians are out of a job. Dayton, Ohio, has ordered furloughs at nearly every agency, and in Arlington, Tex., police officers and firefighters may soon see painful cuts. Facing an urgent financial crisis, these and other cities and states nationwide are eyeing dramatic reductions to their workforces, threatening critical public-sector employees and first responders at a time when many Americans may need their local governments鈥 help the most. (Romm, 4/29)

Five hundred people who work for the Transportation Security Administration have tested positive for COVID-19, including four people who died from the disease, the agency said Wednesday. Of the 500 who tested positive, 208 recovered from the illness caused by the coronavirus, the agency said in a statement. (Edelman, 4/29)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.
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