In Short
The Situation: A rising number of lawsuits by former and current employees claim that workplaces not complying with COVID-19 health guidelines are public nuisances requiring abatement.
The Result: Courts are split on whether non-compliant workplaces warrant a public nuisance finding and remedy, while some courts have avoided the question by deferring jurisdiction to administrative agencies, like OSHA.
Looking Ahead: Implementing and enforcing workplace policies and practices that meet evolving federal, state, and local health guidelines can help avoid public nuisance claims. Employers facing public nuisance claims may have various defenses available.
COVID-19 stay-at-home orders have not shut down public nuisance litigation against employers that allegedly fail to comply with public health guidelines. Public nuisance cases have been filed in at least nine states against a variety of businesses, including a distribution center, food processing plant, retail store, and fitness gym.