Related Areas

Overview

COVID-19 - ANSWERS FOR YOUR BUSINESS

As the novel coronavirus continues to spread, the McBrayer law firm will continue to provide guidance and relevant information for employers, businesses, healthcare providers and our affected clients facing the threat. We will consolidate that information here, so continue to check back for up-to-date guidance.

NEW - Listen to the podcast "What's Next? A Conversation on Federal and State Response to COVID-19," from McBrayer Member Anne-Tyler Morgan and MML&K Government Solutions Principal James Higdon:

HEALTHCARE PROVIDERS

Our COVID-19 resource page for healthcare providers is available here.

GOVERNMENT RELATIONS

McBrayer is one of the only law firms in Kentucky that houses a full service government relations team based in Frankfort. This team that is staying in communication with the Governor’s Office and other leaders during this crisis. For more information, please contact:

Sean M Cutter
Executive Director
MML&K Government Solutions
502-352-0705
scutter@mmlk.com
www.mmlkgov.com

Potential Liability for Businesses and Employers Related to the Impact of the Spread COVID-19

The threat of COVID-19 has far-reaching consequences for all businesses and employers, many of which are unknown at this time. All businesses are taking steps in accordance with CDC guidelines and governmental recommendations to stop the spread of COVID-19, however, this is creating a significant and potentially devastating financial impact. While no one yet knows how long this will last, we do know that it will resolve. Following the 2008 recession, we saw a spike in all types of litigation in response to the financial losses. We can expect that litigation will increase as a result of the economic losses suffered as a result of this national emergency as well. All businesses should be taking steps now to limit their exposure to litigation by determining their specific risks.

The following areas should be evaluated by all businesses:

Employee sick and leave policies that are in compliance with the law and take into account all aspects of this disease, including any potential liability outside of a workers’ compensation claim for any willful conduct that could unnecessarily expose an employee to harm.
Mass layoffs or terminations and whether certain laws such as the WARN Act are triggered. A determination should be made regarding offering a severance that would include a release of all potential claims.
A review of the Occupational Safety and Health Act and the National Labor Relations Act for potential liability.
A review of all contracts entered into with third parties for liability for non-performance and breach and any defenses to breach.

Preparing today for any potential liability is imperative to ensuring that after your business survives the short-term consequences of the threat of COVID-19, it is not subject to liability that poses an equal threat.

If you have questions or concerns about managing your business in light of COVID-19 or need quick help on your COVID-19 policies, contact our attorneys for responsive answers:

Employment and Business

Healthcare