Question 4 of a series of four burning coronavirus-related legal questions for 2021

Probably not.  Employees alleging an employer has liability will face big hurdles requiring them to show the employer’s failure to protect workers from COVID-19 caused a household relative to contract the virus.

One recent suit against Amazon for this very thing was dismissed by a NY Court stating “a private action [by Amazon] could not be proven where the injury [COVID-19] is so general and widespread it affects the whole community.” However, one case does not resolve this issue conclusively and the courts are still considering the extent employers can be held liable for secondary COVID-19 exposure.

The best thing you can do to protect yourself is to have protocols in place. You should do a deep clean if an employee tests positive and worked in the facility.  You should also require social distancing, handwashing, and mask-wearing to protect you, your employees, and your customers.

If you need help navigating the coronavirus's legal aspects and its effects on your workforce, contact us.