Why Most Employers Have Not Implemented COVID-19 Liability Waivers

By NRCA. 

Employers, businesses and schools are seeking protections from coronavirus related lawsuits.  

A recent survey from law firm Blank Rome recorded that nearly 75% of employers were not pursuing COVID-19 employee liability waivers. Additionally, only 8% of employer respondents said with certainty that they require such waivers to be signed by all workers before they can enter the workplace. According to Kate Tornone on HR Drive, these numbers continue to dwindle with clients and visitors who are hardly, if at all, asked to sign waivers before entering a place of work.  

Employers do not want to force employees to complete liability waivers for fear of them leaving the company. Similarly, they do not want to force waivers on potential customers for fear that it will discourage their decision to continue with them for a project.  

“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. 

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Original article source: NRCA