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Senate splintered as Congress seeks new COVID-19 relief package

July 2020 federal employment law insider
Authors: 

by The editors of Federal Employment Law Insider

After just returning from a holiday break, Congress faces a staggered country, stunned constituencies, unmovable deadlines, a Republican House bloc nearing revolt, and a Senate majority fragmented as never before during the Trump administration. Consequently, as lawmakers approach their last opportunity to draft a pandemic relief bill before the November elections, they have little consensus on either the size or the contents of the measure that everyone agrees must pass.

Employer liability protections under review

Just weeks earlier, it was commonly agreed the core of Congress’ bill would contain a sweeping, five-year protection from coronavirus-related liability for employers that have made a good-faith effort to adhere to the “safety and health guidances.” But, critics noted many problems with the proposal:

  • They said the extra protection isn’t needed because employers already have to comply with state workers’ comp laws;
  • The measure would undermine the political message “it is safe to reopen”; and
  • Because of the absence of a single, reliable safety and health guidance, no one would know how to measure success or failure.

Workers’ representatives maintained the absence of a single guidance would create a kind of “open season” on workers and relieve employers of any incentive to create safe work environments. The criticisms were rejected in June, but some representatives appear to have heard a different message while at home.

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