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Labor/Employment,
Torts/Personal Injury

Nov. 1, 2023

Employers win in "take-home" COVID era

In California, following Kuciemba v. Victory Woodworks, Inc., the law on "take-home COVID" has been settled: Employers are not liable when COVID-19 spreads from the workplace to their employees' households.

Jonathan J. Brown

Senior Associate
Pearlman, Brown & Wax, LLP

Email: jjb@4pbw.com

Brown is a senior associate in the firm's Encino, California office, where he represents employers in all aspects of employment law including wrongful discharge, discrimination, harassment, retaliation, accommodation, interactive process, wage and hour claims, and more.

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Antwoin Wall

Senior Associate
Pearlman, Brown & Wax, LLP

Email: adw@4pbw.com

Antwoin assists clients in employment matters, including claims of discrimination, harassment, retaliation, wrongful termination, and wage and hour litigation.

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Corinne Spencer

Partner and Chair of the firm's Labor and Employment Practice Group
Pearlman, Brown & Wax, LLP

Email: cds@4pbw.com

Corinne is chair of the firm's Labor and Employment Practice Group. She focuses on counseling clients in employment-related matters including litigation, risk assessment, policy preparation, and training.

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In California, following Kuciemba, the law on “take home COVID” has been settled: Employers are not liable when COVID-19 spreads from the workplace to their employees’ households. The exclusive remedy doctrine (and its progeny) is rooted in the 1917 California Workers’ Compensation Act, which shields employers from civil liability, in exchange for workers’ compensation liability for industrial injury or death without regard for fault. The ...

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