Reopening and COVID-19 Workplace Litigation To Date: Lessons Learned and Practical Advice to Position Your Company to Mitigate Risk

During the past four months, we have seen a number of significant lawsuits filed against companies that have had workers or customers contract COVID-19, sometimes resulting in death. As businesses continue to refine operations, ramp up production, and welcome employees and customers back to the workplace, retail spaces, and other venues, doing so in a methodical way that makes room for continuous improvement while taking in all available guidance and legal actions will help position them to avoid costly and protracted litigation.

Drawing on these early cases, we will explore workplace exposure issues involving health and safety, employment discrimination and regulatory compliance issues, customer and bystander exposure risks, and look at the use of waivers, releases, indemnities and other mitigation strategies that companies might consider employing. We will also survey the immunities that various states have developed to protect businesses and discuss how to ensure those immunities will apply and protect your company. Attendees can expect to hear a recap of current significant litigation and learn practical takeaways that will help them guide their companies through reopening issues.