The extraordinary challenges presented by the spread of the novel coronavirus present potentially new responsibilities for private entities. Courts may later be asked to judge the actions of a person or entity alleged to have contributed to the spread of the virus. As local authorities impose increasingly severe guidelines daily including bans on gatherings and movement, private entities are considering how to act, and often, taking matters even further with suspensions of sporting events and closure of workplaces. We consider a framework for defining the legal duties of employers during this crisis in the context of some of the difficult questions they are facing.

If an employee tests positive for COVID-19, how should the employer respond?

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