This is a sponsored column by attorneys John Berry and Kimberly Berry of Berry & Berry, PLLC, an employment and labor law firm located in Northern Virginia that specializes in federal employee, security clearance, retirement and private sector employee matters.
By John V. Berry, Esq.
Employers have started to see the first lawsuits by employees and customers related to the COVID-19 pandemic.
The numbers of these types of cases will only continue to increase, given the lack of a cohesive strategy by federal and state governments in dealing with the reopening of businesses and the potential for liability. Hopefully, Congress will deal with this problem quickly and compromise. As of June 12, 2020, according to a tracker of COVID-19 cases, approximately 2,700 COVID-19 lawsuits have been filed.
The First Lawsuits Have Started
The first COVID-19 related lawsuits seen thus far include a class action by McDonald’s workers and a wrongful death action filed by a Safeway employee’s family. Many other lawsuits have been filed, both small and large, and we are starting to see employers require employees to sign waivers in order to return to work, and other businesses and events requiring individuals to sign waivers before entering.
For instance, some businesses have required individuals to sign waivers of legal rights to enter gyms or salons or to attend other events. For example, at the President’s latest campaign rally in Tulsa, Oklahoma attendees were recently required to waive their right to sue the campaign in the event they contracted COVID-19 at the President’s campaign rally.
Employers are Seeking Liability Protections
The question of whether a business is liable if their employees or customers catch COVID-19 has become a critical issue as many states reopen retail, foodservice and other businesses. Businesses contend that they are subject to numerous lawsuits without any liability protections and are seeking legal protections from Congress, or even individual states, as the pandemic subsides. On the other side, opponents of liability protections argue that limiting liability for businesses could cause them to ignore safety rules, endangering both employees and customers.
A Compromise is Very Likely
It is likely that a compromise will be found, through congressional action, or worst case, on a state-by-state basis. There will need to be a balance between the protection of employees and customers and in ensuring that businesses do not go bankrupt through needless and often frivolous litigation. It is likely that these liability protections may find themselves in pending congressional bills which provide additional financial relief to individuals and businesses affected by the pandemic. In the end, businesses and employers that act reasonably will likely be mostly safe from litigation.
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Recent Stories
Monarch Montessori School located in the heart of Del Ray is enrolling children 6 weeks to 6 years of age for our half day and full day program.
Our hours of operation are 8:00 AM to 5:30 PM, Monday-Friday. Monarch Montessori School is open year round, with intermittent breaks.
Children engage in self-directed, self-initiated activities under the guidance of a trained Montessori teacher. Classroom sizes range from 8-12 students. Our robust curriculum includes botany, sensorial activities, the social graces, culture, math, science, practical life, geography, music appreciation and language arts.
You’ll get half off of the registration fee when you register and begin care with us before April 30, 2023.

Press Release:
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The HIPAA Seal of Compliance is issued to organizations that have implemented an effective HIPAA compliance program through the use of The Guard, Compliancy Group’s proprietary compliance tracking solution.
Clients and patients are becoming more aware of the requirements of HIPAA compliance and how the regulation protects their personal information. Forward-thinking providers like EDBS Dental Billing Solutions choose the HIPAA Seal of Compliance to differentiate their services.
Del Ray Dog Fest & Yappy Hour
The 1st Annual Del Ray Dog Fest is a fun outdoor event that will include dog-centered activities, dog menu items, live music, vendors and food on Sunday, April 2 from 11am- 3pm at the George Washington Middle School parking lot.