Even while imposing “shelter in place” orders, the vast majority of states have authorized and encouraged essential businesses to remain open. As states relax their restrictions in the coming weeks and months, non-essential businesses may be permitted to reopen conditionally. Importantly, employers in both essential and non-essential businesses may be subject to claims that they failed to protect their workers from coronavirus exposure.
State workers’ compensation laws may limit these claims, but employers must be mindful of exceptions to the exclusive remedy provisions of workers compensation laws and closely adhere to conditions imposed by state and local emergency orders.
