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WV Jobs Protection Act reopens doors by shielding liability for COVID-19

June 2021 employment law letter
Authors: 
Bonnie J. Thomas, Steptoe & Johnson PLLC

From layoffs to leave laws, mandated vaccinations to limitations on services or materials, almost every business has been affected by COVID-19 in some way over the last year. The concern that has been top of mind for nearly all employers, however, is how to keep your employees safe from the virus and your business safe from liability. The West Virginia Legislature has responded with some protection.

What new West Virginia law says

In March, West Virginia joined the ranks of a growing number of states that have enacted coronavirus liability shield laws. The state’s COVID-19 Jobs Protection Act shields businesses, institutions of higher education, manufacturers, and healthcare and medical providers as well as individuals from lawsuits borne from the coronavirus. More than 20 other states have enacted similar liability shield laws including Alabama, Georgia, Indiana, Ohio, and Pennsylvania.

The Act comes at a time when many states, West Virginia included, are in the process of passing laws to reopen businesses, schools, medical facilities, and public institutions. The threat of impending liability, however, has left some businesses just as apprehensive to reopen their doors as they were to close them nearly a year ago. Chiefly, the Act’s purpose is to assure reopening businesses they won’t face liability for a person’s exposure to COVID-19.

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