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California Supreme Court to Determine Scope of Employer Liability for At-Home Spread of COVID-19

By Kate Gold & Morgan Peterson on June 27, 2022
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Last week, the California Supreme Court agreed to decide two unique questions with far-reaching implications for employer liability: (1) may an employer be held liable to an employee’s spouse when an employee contracts COVID-19 in the workplace and then infects their spouse at home, and (2) does an employer have a duty of care to its employees’ households to prevent the spread of COVID-19?

The Ninth Circuit certified these questions to the California Supreme Court in Kuciemba v. Victory Woodworks, No. 21-15963 (9th Cir. 2022), after an appeal of a Northern District of California judge’s dismissal of a suit brought by a Victory Woodworks employee and his spouse. The Ninth Circuit heard oral arguments in March 2022.

In the underlying action, the employee and his spouse alleged the company’s negligence and lack of safety precautions in the face of the COVID-19 pandemic caused the employee to contract COVID-19 in the workplace, which he then unknowingly brought home and transmitted to his wife, causing her to become severely ill. The district court dismissed the case, finding not only that California workers’ compensation law’s exclusive remedy provision barred the suit because the spouse’s injury was “derivative” to the employee’s, but also that the employer did not owe a duty of care to the employee’s spouse.

The Ninth Circuit asked the California Supreme Court to decide these novel issues of law because of the lack of precedent in California and the California public policy implications if employers may be held liable for the spread of COVID-19 to employees’ households.

The Court’s answers to these questions could have a tremendous impact on employers since, although COVID-19 infection rates may rise and fall, the virus has shown no signs of disappearing. We will continue to monitor this case as it develops and will provide an update on the California Supreme Court’s decision.

Photo of Morgan Peterson Morgan Peterson

Morgan Peterson is an associate in the Labor & Employment Department and a member of the Employment Litigation & Arbitration Group. She is a member of the Wage and Hour and the Class and Collective Action practice groups.

Morgan assists clients with litigations…

Morgan Peterson is an associate in the Labor & Employment Department and a member of the Employment Litigation & Arbitration Group. She is a member of the Wage and Hour and the Class and Collective Action practice groups.

Morgan assists clients with litigations and arbitrations relating to wrongful termination, discrimination, harassment, retaliation, wage and hour, and whistleblower matters in both the single plaintiff and class and collective action contexts. She also counsels employers on a diverse range of workplace issues and their policy and handbook development. Morgan also has experience assisting employers with sensitive workplace investigations. Morgan has gained experience across a wide range of industries including financial services and FinTech, health care, media and entertainment companies, staffing companies, and sports.

Morgan also maintains an active pro bono practice representing individuals in immigration and civil rights matters and providing employment counseling to non-profit organizations. Morgan has received Proskauer’s Golden Gavel Award twice in recognition of her pro bono work. Morgan remains active in her community and serves on the Chadwick School Alumni Board.

Morgan earned her J.D. from U.C. Irvine School of Law, where she was an Executive Editor of the UC Irvine Law Review and spent four semesters working in UCI’s Civil Rights Litigation Clinic. Morgan also served as a judicial extern for the Honorable John D. Early in the Central District of California. Morgan received her B.A., cum laude, from Tufts University.

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  • Posted in:
    Appellate and Supreme Court, Employment & Labor, Personal Injury
  • Blog:
    California Employment Law Update
  • Organization:
    Proskauer Rose LLP
  • Article: View Original Source

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