Analysis

Liability Shield Will Not Lead to a Safer Reopening

The legal duty to provide a safe workplace requires each employer look closely at the circumstances of their specific workplace to determine what additional steps, if any, must be taken.

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Despite arguments to the contrary, most recently from former NYC mayor and former Democratic presidential aspirant Michael Bloomberg, a liability shield for companies who follow federal administrative guidance in reopening their workplaces will not lead to significantly less litigation and nor will it, in the former mayor’s words, “help ensure workplaces are safe.” Michael Bloomberg, “To Restart Business, Protect Workers,” Bloomberg.com (May 11, 2020).

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