Covid-19 Workplace Legal Risks: Guidance From Katherine Witherspoon Fry
Theย Fundamentalsย column usually focuses on technology, yet Covid-19 has created urgent legal questions for employers and increasedย Covid-19 workplace legal risks. In a May 6 New England Chapter webinar, labor attorneyย Katherine Witherspoon Fryโprincipal atย Offit Kurman, P.A.โoutlined the main risk areas and offered practical steps to manage them. She advises clients nationwide, litigates employment cases, has appeared twice before the U.S. Supreme Court, teaches HR law at the University of Delaware, and serves as a Delaware Supreme Courtโappointed hearing officer and certified mediator.
Covid-19 in the Workplace: A โNew Normalโ to Manage
Fry admits she feels tired of talking about Covid-19, and many employers feel the same. However, she stresses that the virus has not disappeared, so companies must treat it as part of a โnew normal.โ She encourages leaders to manage risk proactively instead of waiting for Covid-19 to fade away.
Her framework covers three core areas: what to doย before and after your workforce is vaccinated, how to handleย returns to work after illness or exposure, and how to approachย pay for quarantining workers.
OSHA, State Rules, and Emerging Claims
Covid-related claims have already started to appear. Fry begins withย OSHA, which is issuing updated regulations on workplace safety. She welcomes these rules because they provide clearer expectations after months of uncertainty and urges employers to follow them carefully once they are final.
Some statesโsuch as Virginia and New Jerseyโhave issued their own Covid-19 standards. These rules can feel demanding, yet they also give employers more certainty: if they comply, they lower their chances of being sued by employees or customers. She reminds companies that state standards may be stricter than federal ones, so businesses must meet both sets of requirements.
Fry also expects more workersโ compensation and negligence claims from employees who say they caught Covid-19 at work. She points out that some insurers have denied coverage for certain Covid-related cases, which may push more plaintiffs to file direct lawsuits for negligence or wrongful death, similar to cases already filed against large retailers and cruise lines.
Daily Policy Decisions: PPE, Vaccination, and Visitors
During the Q&A, Fry addresses several practical questions.
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PPE and enforcement:ย If an employee ignores PPE rules and allegedly spreads Covid-19, claims usually fall under negligence and personal injury law. Plaintiffs still must prove they became infected at work, but employers should not rely on that hurdle. Instead, Fry recommends clear written policies, broad communication, and consistent enforcement, including discipline where appropriate. Strong enforcement protects people, reduces legal risk, and helps avoid shutdowns and bad publicity.
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Vaccination mandates:ย Current Covid-19 vaccines still use emergency authorization, yet regulators treat them as โavailable.โ Fry explains that employers generally mayย require vaccinationย for employees who do not have qualifying disabilities or sincerely held religious objections. She advises handling accommodations carefully and coordinating with HR and legal counsel when designing any mandate.
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Visitor and event policies:ย As states ease restrictions, many employers want to relax visitor rules. Fry suggests watching state and local guidance closely and adjusting policies to match it. Smaller, outdoor events, limits on attendance, and adherence to local mask rules all help reduce risk. She describes advising a Florida client to avoid a large indoor event in cities that still required masks and instead consider small outdoor gatherings, especially when most attendees are vaccinated.
Quarantine Pay and Retention Considerations
Fry also explains how federal relief laws affect pay for quarantining employees. Theย Families First Coronavirus Response Actย provided up to 80 hours of paid leave for certain Covid-19 reasons, and theย American Rescue Plan Actย allows employers to claim tax credits for those hours when they offer them. Beyond that, companies generally have no further federal obligation under those acts.
Even so, she urges employers to think beyond strict minimums. Employees may test positive more than once or need time off to care for family members who become ill. In a tight labor market, offering additional support can boost morale, help retain trained staff, and keep plants running smoothlyโbenefits that may outweigh the added cost.
Covid-19 Workplace Legal Risks and Evolving Public Health Guidance
Guidance continues to change. After the webinar, the CDC announced that fully vaccinated people often do not need masks. Fry views this as encouraging and a potential incentive for vaccination, but she cautions employers to continue following state rules. If a state still mandates masks, companies should not let vaccinated employees unmask at work, at company events, or in public business settings until local guidance changes. That approach protects health and also shows that the business is acting responsibly rather than negligently.
