August 4, 2021

Volume XI, Number 216

Advertisement

August 04, 2021

Subscribe to Latest Legal News and Analysis

August 03, 2021

Subscribe to Latest Legal News and Analysis

August 02, 2021

Subscribe to Latest Legal News and Analysis

Wisconsin Legislature Passes Bill Shielding Employers from Liability for COVID-19 Claims

On February 23, 2021, the Wisconsin State Legislature passed a bill with veto-proof majorities in both chambers that would shield employers from civil liability for “any act or failure to act resulting in or relating to a person’s exposure to the novel coronavirus identified as SARS-CoV-2 or COVID-19 in the course of or through the performance or provision of the entity's functions or services.”  The immunity from civil liability would apply retroactively to claims accruing on or after March 1, 2020, as long as an action has not already been filed.  The bill does not affect actions that have already been filed.  The bill also does not shield employers from liability for “reckless or wanton conduct or intentional misconduct.”

Wisconsin Governor Tony Evers has previously vetoed legislation that would have created a COVID-related civil liability exemption for employers.  Governor Evers has not yet indicated whether he intends to sign this bill.

© 2021 Foley & Lardner LLPNational Law Review, Volume XI, Number 55
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement

About this Author

Alexander R. P. Dunn Litigation Lawyer Foley Lardner Law Firm
Associate

Alexander Dunn is an associate and litigation lawyer with Foley & Lardner LLP and is a member of the Labor & Employment Practice.

Prior to joining Foley, Alexander served as a research assistant at the Georgetown University Law Center, a judicial intern for the Hon. Pamela Pepper of the U.S. District Court for the Eastern District of Wisconsin, and as a legislative assistant and legislative intern for the Office of State Senator Mark Miller. He also taught English as a Peace Corps Volunteer in Macedonia.

414-297-4921
Advertisement
Advertisement