Nearly 75% of employers responding to a recent survey from law firm Blank Rome said they were not pursuing COVID-19 employee liability waivers, according to www.hrdive.com.
Only 8% of respondents said they require workers to sign such waivers before entering the workplace, and fewer said they require clients or visitors to sign waivers.
“The enforceability of these type of waivers is likely to be fact-specific and state-specific, but under established law, most courts will not enforce waivers that violate public policy and will consider the parties’ respective bargaining power,” said the firm’s report.
Employers and business groups have been urging Congress to pass legislation protecting them from certain COVID-19-related lawsuits.
The U.S. Chamber of Commerce and others recently sent a letter to lawmakers seeking such protections for employers, schools and others. In a July 31 statement, Chamber of Commerce Executive Vice President and Chief Policy Officer Neil Bradley said it would be “an enormous mistake” to exclude temporary liability protections from the next COVID-19 relief package.
“The entire business community, universities and colleges, and local school boards across the country are all united in support for a liability safe harbor for those who adhere to public health guidelines,” Bradley said in the statement. “Inclusion of a safe harbor is critical to reopening schools and restoring our economy.”
However, until such a protection is implemented, some employers are considering or using liability waivers. In a blog post, attorneys at law firm Fisher Phillips said such requirements bring up the question of enforceability; could discourage employees from returning to work; and may lead to negative reactions and publicity concerns.
