COVID-19-Related Orders and Legislation Governing Business Operations, Limiting Liability and Expanding Workers' Compensation Coverage
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COVID-19-Related Orders and Legislation Governing Business Operations, Limiting Liability and
Expanding Workers’ Compensation Coverage
At the beginning of the COVID-19 crisis, the vast majority of states across the country implemented “stay at home” orders requiring the closure of, or
severely restricting, nonessential business operations. As vaccination becomes widespread, many states are now lifting some or all pandemic-related
restrictions, including mask requirements. States also continue to enact legislation or issue orders shielding businesses from COVID-19 related tort
liability or expanding workers’ compensation laws to allow for coverage of COVID-19-related claims. Most recently, some states have imposed
restrictions on the use of “vaccine passports,” citing concerns about privacy and personal freedom. Included in the chart below is a link to each state’s
respective orders, legislation, and guidance. Please refer to the original source documents for complete information.
State Business Related COVID-19 Mask Requirements Vaccine Related Laws Limiting Tort
Reopening Orders and COVID-19 Orders Liability/Expanding
Guidance and Legislation Workers’ Compensation
Coverage
Alabama Statewide public health order No statewide mask (Pending Legislation) SB 30–bars tort claims
expired May 31. requirement. HB 214 – would prohibit (including by employees) for
employers from taking COVID-19 exposure illness
Alabama Public Health Statewide mask adverse action against except in cases of wanton,
Guidance on COVID-19: requirement expired employees or willful, reckless, or intentional
https://www.alabamapublichea April 9. prospective employees misconduct:
lth.gov/covid19/index.html based on immunization https://legiscan.com/AL/text/SB
status and prohibit 30/2021
Alabama Public Health FAQs: ticket issuers (venue
https://www.alabamapublichea operators, event Eighth Supplemental State of
lth.gov/covid19/faq.html sponsors, etc.) from Emergency Proclamation
denying persons entry providing liability protections to
Alabama Department of Labor into entertainment businesses and health care
COVID-19 Resources for venues based on their providers:
Employers: immunization status: https://governor.alabama.gov/a
https://labor.alabama.gov/covi http://alisondb.legislatur ssets/2020/05/2020-05-08-8th-
d19resources_employer.aspx e.state.al.us/alison/sear Supplemental-SOE-COVID-
chableinstruments/2021 19.pdf
RS/bills/HB214.htm
(Pending Legislation)
HB 608 – would prohibit
discrimination in
employment based on
immunization status
relating to vaccination
that has not yet
received full FDA
© 2021 Akin Gump Strauss Hauer & Feld LLP Updated as of May 31, 2021 1State Business Related COVID-19 Mask Requirements Vaccine Related Laws Limiting Tort
Reopening Orders and COVID-19 Orders Liability/Expanding
Guidance and Legislation Workers’ Compensation
Coverage
approval and prohibit
places of public
accommodation/govern
ment-owned facilities
from refusing entry to
an individual based on
immunization status:
alisondb.legislature.stat
e.al.us/alison/searchabl
einstruments/2021RS/b
ills/HB608.htm
(Pending Legislation)
House Joint Resolution
166 - private
businesses would have
“no legal authority to
require, mandate or
coerce medication or
experimental
medication for any
individuals.” HJR166-
int.pdf (state.al.us)
Alaska Health Advisory No. 1 No statewide mask Administrative Order SB241 (establishing the
(Recommendations for requirement. No. 321 (providing that presumption of compensability
Keeping Alaskans Safe): no person will be for emergency response and
https://covid19.alaska.gov/wp- The Alaska Department required by the health care employees who
content/uploads/2021/02/02.14 of Health Social government to produce contract COVID-19 during the
.21-Health-Advisory-1- Services “strongly their personal vaccine public health disaster):
Recommendations.pdf encourages the wearing history in order to travel http://www.akleg.gov/PDF/31/Bi
of masks in public.” to or around Alaska): lls/SB0241Z.PDF
http://dhss.alaska.gov/dp https://gov.alaska.gov/
© 2021 Akin Gump Strauss Hauer & Feld LLP Updated as of May 31, 2021 2State Business Related COVID-19 Mask Requirements Vaccine Related Laws Limiting Tort
Reopening Orders and COVID-19 Orders Liability/Expanding
Guidance and Legislation Workers’ Compensation
Coverage
Health Advisory No. 2 h/Epi/id/Pages/COVID- wp- Alaska’s Workers’
(International and Interstate 19/coveryourface.aspx content/uploads/sites/2/ Compensation Division Bulletin
Travel): Administrative-Order- 20-05:
https://covid19.alaska.gov/wp- 321.pdf https://labor.alaska.gov/wc/bulle
content/uploads/2021/04/04.26 tins/20-05.pdf
.21-Health-Advisory-2- (Pending Legislation)
Interstate-and-International- HB 175 – would prohibit
Travel.pdf (a) employers from
requiring employees or
Health Advisory No. 3 applicants to
(Intrastate Travel): undergo/provide proof
https://covid19.alaska.gov/wp- of vaccination as a
content/uploads/2021/04/04.26 condition of
.21-Health-Advisory-3- employment and
Intrastate-Travel.pdf discriminating against
employees or
Health Advisory No. 4 (Critical applicants on the basis
Infrastructure): that the employee or
https://covid19.alaska.gov/wp- applicant refused to
content/uploads/2021/02/02.14 undergo/provide proof
.21-Health-Advisory-4-Critical- of vaccination and (b)
Infrastructure.pdf businesses from
requiring an individual
FAQs for Health Advisories: to be vaccinated
https://covid19.alaska.gov/faq/ against COVID-19 or
provide proof of
DHSS COVID-19 Guidance: vaccination to access
http://dhss.alaska.gov/dph/Epi/ public areas or
id/Pages/COVID- services. Alaska State
19/guidance.aspx Legislature (akleg.gov)
DHSS Resources for Business
Owners:
© 2021 Akin Gump Strauss Hauer & Feld LLP Updated as of May 31, 2021 3State Business Related COVID-19 Mask Requirements Vaccine Related Laws Limiting Tort
Reopening Orders and COVID-19 Orders Liability/Expanding
Guidance and Legislation Workers’ Compensation
Coverage
http://dhss.alaska.gov/dph/Epi/
id/Pages/COVID-
19/business.aspx
Arizona Executive Order 2021-06 (New No statewide mask Executive Order 2021- SB 1377 (establishing civil
Phase of COVID-19 Mitigation requirement. 09 (Banning Vaccine immunity for employers and
– Business Guidelines Passports): health care providers for
Transition from Requirements Cities and counties are https://azgovernor.gov/ actions or omissions relating to
to Recommendations): prohibited from enforcing sites/default/files/eo_20 the public health emergency,
https://azgovernor.gov/sites/de mask mandates except 21-09.pdf retroactive to March 11, 2020)
fault/files/eo_2021-06.pdf in government buildings
and on public transit. (Pending Legislation)
Executive Order 2021-05 SB 1648 – would
(Next Phase of COVID-19 Businesses and prohibit employers and
Mitigation Lifting Occupancy employers may adopt entities from requiring
Limits): and enforce face persons to take, be
https://azgovernor.gov/sites/de covering requirements. administered, or
fault/files/eo_2021-05.pdf otherwise receive a
COVID-19 vaccine, or
Arizona Department of Health disclose whether the
Services Guidance: person has been
https://www.azdhs.gov/covid19 vaccinated, as a
/index.php condition of
employment, entry into
any business or public
space, or receipt of any
service or good.
SB1648 - 551R - I Ver
(azleg.gov)
© 2021 Akin Gump Strauss Hauer & Feld LLP Updated as of May 31, 2021 4State Business Related COVID-19 Mask Requirements Vaccine Related Laws Limiting Tort
Reopening Orders and COVID-19 Orders Liability/Expanding
Guidance and Legislation Workers’ Compensation
Coverage
Arkansas Executive Order 21-03 No statewide mask Act 1030 (formerly Executive Order 20-35 (defining
(changing all public health requirement. SB615) (prohibiting COVID-19 as an occupational
directives to guidance): state and local disease):
https://governor.arkansas.gov/i Statewide mask governments from https://governor.arkansas.gov/i
mages/uploads/executiveOrde requirement rescinded requiring a COVID-19 mages/uploads/executiveOrder
rs/EO_21-03.pdf on March 31. The vaccine passport to s/EO_20-35.pdf
Arkansas Department of access services):
Arkansas Department of Health recommends https://legiscan.com/AR Executive Order 20-33
Health Directives, Orders & individuals follow CDC /text/SB615/2021 (protecting businesses from tort
Health Guidance: guidance on use of face liability related to COVID-19):
https://www.healthy.arkansas. coverings. Act 977 (prohibiting https://governor.arkansas.gov/i
gov/programs- https://www.healthy.arka mandatory COVID-19 mages/uploads/executiveOrder
services/topics/novel- nsas.gov/images/upload vaccinations for s/EO_20-33.pdf
coronavirus s/pdf/Face_Covering_G students and
uidanceFINAL5.21.21.pd employees; prohibiting Executive Order 20-22
Guidance for Employers: f requirement for COVID- (expanding definition of front-
https://www.healthy.arkansas. 19 vaccination except line workers for purposes of
gov/programs- Businesses may require in certain conditions): Workers’ Compensation
services/topics/covid-19- customers to wear https://www.arkleg.state coverage):
guidance-for-employers masks. .ar.us/Acts/FTPDocume https://governor.arkansas.gov/i
nt?path=%2FACTS%2 mages/uploads/executiveOrder
Industry-Specific Guidelines F2021R%2FPublic%2F s/EO_20-22._.pdf
and Resources for &file=977.pdf&ddBienni
Businesses: umSession=2021%2F2 Executive Order 20-19 (easing
https://arkansasready.com/ 021R burden of proof under Workers’
Compensation law for first
responders and front-line
healthcare workers who
contract COVID-19 on the job):
https://governor.arkansas.gov/i
mages/uploads/executiveOrder
s/EO_20-19._.pdf
© 2021 Akin Gump Strauss Hauer & Feld LLP Updated as of May 31, 2021 5State Business Related COVID-19 Mask Requirements Vaccine Related Laws Limiting Tort
Reopening Orders and COVID-19 Orders Liability/Expanding
Guidance and Legislation Workers’ Compensation
Coverage
California Beyond the Blueprint for Face coverings are (Pending Legislation) SB 1159 (creating a rebuttable
Industry and Business Sectors mandated indoors with Assembly Bill No. 327 – presumption that illness or
(effective June 15th): few exceptions. would prohibit state death related to COVID-19 is
https://www.cdph.ca.gov/Progr https://www.cdph.ca.gov agencies, local an occupational injury and
ams/CID/DCDC/Pages/COVID /Programs/CID/DCDC/P governments, and therefore eligible for workers’
-19/Beyond-Blueprint- ages/COVID- entities that receive compensation benefits):
Framework.aspx 19/guidance-for-face- state funds from https://leginfo.legislature.ca.gov
coverings.aspx requiring individuals to /faces/billTextClient.xhtml?bill_i
Beyond the Blueprint Q&A: provide proof of d=201920200SB1159
https://www.cdph.ca.gov/Progr COVID-19 vaccine
ams/CID/DCDC/Pages/COVID administered under an AB 685 (requiring employers to
-19/Beyond-Blueprint-QA.aspx emergency use report an outbreak to public
authorization as a health officials and to report
Blueprint for a Safer Economy condition of receiving known cases to employees who
Health Order: any service or entering may have been exposed to
https://www.cdph.ca.gov/Progr any place. Bill Text - COVID-19 within one business
ams/CID/DCDC/CDPH%20Do AB-327 COVID-19 day; strengthens Cal/OSHA’s
cument%20Library/COVID- vaccination status: enforcement authority):
19/8-28-20_Order-Plan- prohibition on required https://leginfo.legislature.ca.gov
Reducing-COVID19-Adjusting- disclosure. (ca.gov) /faces/billTextClient.xhtml?bill_i
Permitted-Sectors-Signed.pdf d=201920200AB685
SB 95 Supplemental Paid Sick Executive Order N-62-20
Leave: (creating a rebuttable
https://leginfo.legislature.ca.go presumption that employees
v/faces/billNavClient.xhtml?bill who worked outside of the
_id=202120220SB95 home between March 19 and
July 5 who test positive for
Blueprint for a Safer Economy COVID-19 contracted the
Activity and Business Tiers: disease at work for the
https://www.cdph.ca.gov/Progr purposes of the Workers’
ams/CID/DCDC/CDPH%20Do Compensation benefit):
cument%20Library/COVID- https://www.gov.ca.gov/wp-
© 2021 Akin Gump Strauss Hauer & Feld LLP Updated as of May 31, 2021 6State Business Related COVID-19 Mask Requirements Vaccine Related Laws Limiting Tort
Reopening Orders and COVID-19 Orders Liability/Expanding
Guidance and Legislation Workers’ Compensation
Coverage
19/Dimmer-Framework- content/uploads/2020/05/5.6.20
September_2020.pdf -EO-N-62-20-text.pdf
Guidance for Fully Vaccinated
People:
https://www.cdph.ca.gov/Progr
ams/CID/DCDC/Pages/COVID
-19/COVID-19-Public-Health-
Recommendations-for-Fully-
Vaccinated-People.aspx
COVID-19 Cal/OSHA
Temporary Standards:
https://www.dir.ca.gov/dosh/co
ronavirus/ETS.html
Travel Advisory:
https://www.cdph.ca.gov/Progr
ams/CID/DCDC/Pages/COVID
-19/Travel-Advisory.aspx
Blueprint for a Safer Economy
Guidance:
https://covid19.ca.gov/safer-
economy/
Industry Guidance:
https://covid19.ca.gov/industry
-guidance/
CDPH Guidance on Blueprint
for a Safer Economy:
https://www.cdph.ca.gov/Progr
© 2021 Akin Gump Strauss Hauer & Feld LLP Updated as of May 31, 2021 7State Business Related COVID-19 Mask Requirements Vaccine Related Laws Limiting Tort
Reopening Orders and COVID-19 Orders Liability/Expanding
Guidance and Legislation Workers’ Compensation
Coverage
ams/CID/DCDC/Pages/COVID
-
19/COVID19CountyMonitoring
Overview.aspx
Stay at Home Q & A
Guidance:
https://covid19.ca.gov/stay-
home-except-for-essential-
needs/
Colorado Third Amended Public Health Executive Order D 2021- (Pending Legislation)
Order 20-38: Limited COVID- 103 (aligning mask HB21-1191 – would
19 Restrictions: mandate with new CDC prohibit (a) employers
https://drive.google.com/file/d/ guidance): from taking adverse
1fIYXM08Ck2zHPSxhHusybGf https://drive.google.com/ action against
wJ_f8ROjR/view file/d/1Gkd3uaZOEQiCr employee or applicant
Lcev3AxAHD7FkzvzX3 based on COVID-19
Summary of Changes in Third O/view immunization status
Amended Public Health Order and (b) the government
20-38: Executive Order D 2021- and private businesses
https://drive.google.com/file/d/ 095 (easing mask from discriminating
1UtY96lJMhvvsL7s- mandate for public against clients, patrons,
dSiW0fG2dsMp1qVB/view indoor settings where or customers based on
80% of the people have COVID-19 vaccination
Public health guidance and shown proof of status.
resources for COVID-19: vaccination): http://leg.colorado.gov/
https://covid19.colorado.gov/g https://drive.google.com/ bills/hb21-1191
uidance-resources file/d/1V8WheyiG6WJvJr
© 2021 Akin Gump Strauss Hauer & Feld LLP Updated as of May 31, 2021 8State Business Related COVID-19 Mask Requirements Vaccine Related Laws Limiting Tort
Reopening Orders and COVID-19 Orders Liability/Expanding
Guidance and Legislation Workers’ Compensation
Coverage
Guidance by Sector: CumaGjxAijyGmf4iHW/v
https://covid19.colorado.gov/g iew
uidance-by-sector
Executive Order D 2021-
Guidance for Businesses: 079 (easing mask
https://covid19.colorado.gov/s mandate):
afer-at-home-in-the-vast-great- https://drive.google.com/
outdoors/guidance-for- file/d/1LgpEBoFe7rPq5L
businesses j-
TnHBaC3LY0uuFlGI/vie
w
Executive Order 2020-
138 (Ordering
Individuals in Colorado
to Wear Non-Medical
Face Coverings):
https://drive.google.com/
file/d/13S9bLuKZbMVm
HPucQnekVyOY2k6gYR
a9/view
Connecti Executive Order No. 12B Masks required for any (Pending Legislation) Executive Order No. 7JJJ
cut (extension and expiration of person while indoors in a HB 6269 – would (creating a rebuttable
COVID-19 orders): public place if that prohibit employers from presumption of eligibility for WC
https://portal.ct.gov/- person (a) does not taking adverse action benefits for employees of
/media/Office-of-the- maintain a safe social against an employer for essential businesses who
Governor/Executive- distance of declining a vaccine. missed a day or more of work
Orders/Lamont-Executive- approximately six feet https://cga.ct.gov/asp/C between March 10 and May 20
from every other person GABillStatus/cgabillstat due to COVID-19):
and (b) is not fully https://portal.ct.gov/-
© 2021 Akin Gump Strauss Hauer & Feld LLP Updated as of May 31, 2021 9State Business Related COVID-19 Mask Requirements Vaccine Related Laws Limiting Tort
Reopening Orders and COVID-19 Orders Liability/Expanding
Guidance and Legislation Workers’ Compensation
Coverage
Orders/Executive-Order-No- vaccinated for COVID- us.asp?selBillType=Bill /media/Office-of-the-
12B.pdf 19: https://portal.ct.gov/- &bill_num=HB6269 Governor/Executive-
/media/Office-of-the- Orders/Lamont-Executive-
Governor/Executive- Orders/Executive-Order-No-
Orders/Lamont- 7JJJ.pdf
Executive-
Orders/Executive-Order-
No-12A.pdf
Department of Health
Guidance on
Vaccinations, Mask-
Wearing and Social
Distancing:
https://portal.ct.gov/-
/media/Coronavirus/Com
munity_Resources/Vacci
nations/Print-
Materials/Fact-
Sheets/COVID_Rules_V
accinated.pdf
Delaware Twenty-Ninth Modification to Mask mandate lifted
State of Emergency May 21. Unvaccinated
Declaration: individuals and children
https://governor.delaware.gov/ aged kindergarten and
health-soe/twenty-ninth- up not eligible for the
modification-state-of- vaccine are encouraged
emergency-declaration/ to continue wearing face
coverings. Businesses
may impose mask
requirement for
© 2021 Akin Gump Strauss Hauer & Feld LLP Updated as of May 31, 2021 10State Business Related COVID-19 Mask Requirements Vaccine Related Laws Limiting Tort
Reopening Orders and COVID-19 Orders Liability/Expanding
Guidance and Legislation Workers’ Compensation
Coverage
FAQs: customers and
https://coronavirus.delaware.g employees.
ov/frequently-asked-questions/
https://coronavirus.delaw
are.gov/guidance-for-
face-coverings/
D.C. Modified Measures for Masks required for
Spring/Summer 2021: Mayors unvaccinated individuals
Order 2021-069: only. Businesses may
https://coronavirus.dc.gov/sites impose requirements for
/default/files/dc/sites/coronavir employees and
us/page_content/attachments/ customers:
Mayor%27s%20Order%20202 https://coronavirus.dc.go
1- v/sites/default/files/dc/sit
069%20Modified%20Measure es/coronavirus/page_co
s%20for%20Spring%20Summ ntent/attachments/Mask
er%202021%20of%20Washin s_and_Cloth_Face_Cov
gton%2C%20DC%20Reopeni erings_DCHealth_COVI
ng%20and%20Extention%205 D-
-17-2021.pdf 19_Guidance_2021.5.28
.pdf
Health Guidance:
https://coronavirus.dc.gov/pha
setwo
Florida Executive Order 21-116 No statewide order. Executive Order 21-81 Florida Legislature has a bill
(Clemency Order Regarding Florida recommends (Prohibiting COVID-19 that would protect some
Reprieves): (but does not require) Vaccine Passports): businesses from COVID-19
https://www.flgov.com/wp- face masks. https://www.flgov.com/ suits:
wp- https://www.miamiherald.com/n
© 2021 Akin Gump Strauss Hauer & Feld LLP Updated as of May 31, 2021 11State Business Related COVID-19 Mask Requirements Vaccine Related Laws Limiting Tort
Reopening Orders and COVID-19 Orders Liability/Expanding
Guidance and Legislation Workers’ Compensation
Coverage
content/uploads/orders/2021/E Personal care services content/uploads/orders/ ews/business/article248328050
O_21-116.pdf providers and 2021/EO_21-81.pdf .html
employees must wear
Executive Order 21-102 masks, and are also Executive Order 21-79 CFO Patronis Directs Florida to
(Suspending All Remaining encouraged to provide (Amending Executive Provide Workers’ Comp
Local Government Mandates masks to patrons and/or Order 20-315 – Vaccine Coverage for Public Servants
and Restrictions Based on the adopt a policy requiring Administration/Protectin on the Front Line of COVID-19:
COVID-19 State of patrons to wear masks. g Florida’s Seniors): https://www.myfloridacfo.com/si
Emergency): https://www.flgov.com/ tePages/newsroom/pressRelea
https://www.flgov.com/wp- Florida Surgeon General wp- se.aspx?id=5515
content/uploads/orders/2021/E advisory rescinding content/uploads/orders/
O_21-102.pdf guidance that vaccinated 2021/EO_21-79.pdf Informational Memorandum
individuals still wear face OIR-20-05M:
Executive Order 21-101 coverings, even in public Department of Health https://www.floir.com/siteDocu
(Invalidating All Remaining gatherings Public Health Advisor ments/OIR-20-05M.pdf
Local Emergency Orders (https://floridahealthcovi 1/21/21 – Prioritization
Based on the COVID-19 d19.gov/wp- of Floridians for SB72 signed into law by Gov.
Emergency): content/uploads/2021/04 COVID-19 Vaccinations DeSantis (codified at Florida
https://www.flgov.com/wp- /Public-Health-Advisory- Given in Florida: Statutes § 768.38) provides
content/uploads/orders/2021/E filed-4.29.21.pdf) https://floridahealthcovi immunity to entities making a
O_21-101.pdf d19.gov/wp- good faith effort to comply with
content/uploads/2021/0 public health mandates and
Florida Department of 1/Prioritization-of- guidance. The bill requires
Education Order No. 2021-EO- Floridans-for-Covid-19- proof of “at least” gross
02: Vaccinations.pdf negligence. The bill also
http://www.fldoe.org/core/filepa includes procedural
rse.php/19861/urlt/2021-EO- (Pending Legislation) requirements benefitting
02.pdf SB 364 (would prohibit potential defendants.
discrimination based on
Executive Order 21-80 vaccine status): Senate SB74, introduced on 2/3/21,
(COVID-19 Reemployment Bill 364 (2021) - The limits civil claims against health
Assistance/Payment of care providers related to the
Employer Contributions): COVID-19 pandemic. The bill
© 2021 Akin Gump Strauss Hauer & Feld LLP Updated as of May 31, 2021 12State Business Related COVID-19 Mask Requirements Vaccine Related Laws Limiting Tort
Reopening Orders and COVID-19 Orders Liability/Expanding
Guidance and Legislation Workers’ Compensation
Coverage
https://www.flgov.com/wp- Florida Senate requires that the initial
content/uploads/orders/2021/E (flsenate.gov) complaint in a COVID-19-
O_21-80.pdf related lawsuit be pled with
particularity. The bill requires
Division of Emergency the claimant to prove that the
Management Order No.21-001 health care provider was
(Rescinding of Visitation Rules grossly negligent or engaged in
for Nursing Homes and Similar intentional misconduct in failing
Institutions): to substantially comply with
https://www.floridadisaster.org/ government health standards or
globalassets/executive- guidance, in interpreting or
orders/covid-19/dem-order- applying the standards or
no.-21-001-issued-march-22- guidance, or in the provision of
2021.pdf?fbclid=IwAR1A63fTX a novel or experimental
tV9t71txu7Wpmye7-VGP7rP- treatment.
4xGUaZnNhgXzp7k8zs15xJnh
L0 Additionally, a health care
provider is immune from civil
Executive Order 21-65 liability if supplies or personnel
(Clemency Order Regarding were not readily available to
Remission of Fines): comply with the standards or
https://www.flgov.com/wp- guidance. A COVID-19-related
content/uploads/orders/2021/E claim against a health care
O_21-65.pdf provider must be commenced
within 1 year.
Executive Order 2021-45
(Emergency Management –
Extension of Executive Order
2020-52 COVID-19):
https://www.flgov.com/wp-
content/uploads/orders/2021/E
O_21-45.pdf
© 2021 Akin Gump Strauss Hauer & Feld LLP Updated as of May 31, 2021 13State Business Related COVID-19 Mask Requirements Vaccine Related Laws Limiting Tort
Reopening Orders and COVID-19 Orders Liability/Expanding
Guidance and Legislation Workers’ Compensation
Coverage
Executive Order 2020-52
(Emergency Management –
COVID-19 Public Health
Emergency):
https://www.flgov.com/wp-
content/uploads/orders/2020/E
O_20-276.pdf
Education Commissioner
Emergency Order to fully
reopen schools in the fall:
https://www.documentcloud.or
g/documents/6981954-Florida-
Department-of-Education-
executive-order.html
Florida Department of Health’s
Emergency Orders:
https://floridahealthcovid19.go
v/news/
Florida COVID-19 Resource
Center:
https://www.flgov.com/covid-
19/
© 2021 Akin Gump Strauss Hauer & Feld LLP Updated as of May 31, 2021 14State Business Related COVID-19 Mask Requirements Vaccine Related Laws Limiting Tort
Reopening Orders and COVID-19 Orders Liability/Expanding
Guidance and Legislation Workers’ Compensation
Coverage
Georgia Executive Order 05.28.21.02 No statewide order. Executive Order COVID-19 Pandemic Business
(Providing additional guidance Georgia “strongly 05.25.21.01 (Prohibiting Safety Act (SB359) O.C.G.A. §
for Empowering a Healthy encourages” but does Implementation of 51-16-1):
Georgia in response to not require face Vaccine Passport https://legiscan.com/GA/bill/SB
COVID-19): coverings. Programs or Other 359/2019 (shields businesses,
https://gov.georgia.gov/docum Proof of COVID-19 health care providers, and other
ent/2021-executive- Face coverings are Vaccination): entities from liability related to
order/05282102/download required for employees https://gov.georgia.gov/ COVID-19 infections or
of bars, restaurants, document/2021- transmissions, except in cases
Executive Order 04.23.21.01 personal care services, executive- where the entity is found to
(Renewing the Public Health amusement parks and order/05252101/downlo have committed “gross
State of Emergency in carnivals, conventions, ad negligence, willful and wanton
Response to COVID-19): and live performance misconduct, reckless infliction
https://gov.georgia.gov/docum venues. Executive Order 01-22- of harm or intentional infliction
ent/2021-executive- 21.07 (Expanding of harm.”)
order/04232101/download personnel permitted to
administer vaccinations HB112 passed in both houses
Executive Order 03.31.21.02 to support the response and signed by governor,
(Extending Executive Order to COVID-19): amends SB359 to apply to
2.12.21.01 and regarding the https://gov.georgia.gov/ claims accruing until 7/14/22:
use of emergency office document/2021- https://www.legis.ga.gov/legislat
closure leave for receiving executive- ion/58959
COVID-19 vaccinations): order/01222107/downlo
https://gov.georgia.gov/docum ad HB700:
ent/2021-executive- https://www.legis.ga.gov/legislat
order/03312102/download Executive Order ion/60228: bill introduced that
01.07.21.02 (Permitting would amend Workers’
Department of Public Health Emergency Medical Compensation Act to include
8th Amended Administrative Technicians- COVID-19 as an occupational
Order for Public Health Control Intermediates, disease. The bill excludes
Measures: Advanced Emergency COVID-19 as an “ordinary
file:///C:/Users/agear/Downloa Medical Technicians, disease of life” barred from
ds/8_amended_administrative and Cardiac workers’ compensation
© 2021 Akin Gump Strauss Hauer & Feld LLP Updated as of May 31, 2021 15State Business Related COVID-19 Mask Requirements Vaccine Related Laws Limiting Tort
Reopening Orders and COVID-19 Orders Liability/Expanding
Guidance and Legislation Workers’ Compensation
Coverage
_order_for_public_health_cont Technicians to coverage if an essential worker
rol_measures_7.26.2020.pdf administer vaccinations contracted the disease within 5
to support the response calendar days of performing
Executive Order 05.21.20.01 to COVID-19): work. “Essential workers” are
(Regarding Operations of https://gov.georgia.gov/ those employees who the
Overnight Summer Camps): document/2021- employer does not permit to
https://gov.georgia.gov/docum executive- work remotely.
ent/2020-executive- order/01072102/downlo
order/05212001/download ad
Guidelines for Businesses:
https://www.georgia.org/covid1
9bizguide
Georgia Facilities Work Group
Re-Opening Guide:
https://www.georgia.org/sites/d
efault/files/2020-
06/georgia_facilities_working_
group_re-opening_guide.pdf
Hawaii Twentieth Proclamation Face coverings (Pending Legislation) COVID-19 Employer Workers’
Related to the COVID-19 amendment to HR123 and HCR146 Compensation FAQs:
Emergency: Nineteenth Proclamation (requesting that the https://labor.hawaii.gov/covid-
https://governor.hawaii.gov/wp Order: Hawaii Civil Rights 19-employer-workers-
- https://governor.hawaii.g Commission declare compensation-faqs/ (indicating
content/uploads/2021/05/2105 ov/wp- that the Commission that COVID-19 is a recognized
031-ATG_Twentieth- content/uploads/2021/05 does not support work related injury under
Proclamation-Related-to-the- /2105107- discrimination and right certain circumstances).
COVID-19-Emergency- ATG_Amendment-to- of access restrictions
distribution-signed.pdf Nineteenth- based on COVID-19 Executive Order No. 20-05
Proclamation-for- status or immunity test makes healthcare facilities,
professionals, and volunteers
© 2021 Akin Gump Strauss Hauer & Feld LLP Updated as of May 31, 2021 16State Business Related COVID-19 Mask Requirements Vaccine Related Laws Limiting Tort
Reopening Orders and COVID-19 Orders Liability/Expanding
Guidance and Legislation Workers’ Compensation
Coverage
Nineteenth Proclamation COVID-19-distribution- results): Measure that in good faith comply with
Related to the COVID-19 signed.pdf Status (hawaii.gov) state and federal orders
Emergency: regarding the disaster
https://governor.hawaii.gov/wp (Pending Legislation) emergency immune from civil
- HB 241 (prohibits liability for death or personal
content/uploads/2021/04/2104 certain discriminatory injury to persons or property
031-ATG_Nineteenth- practices based on an damage caused by their acts
Emergency-Proclamation-for- individual’s vaccination and omissions that occurred at
COVID-19-distribution- status): Measure Status a time when that individual was
signed.pdf (hawaii.gov) engaged in providing
healthcare.
COVID-19 Hawaii State
Department of Health HB 1224 was introduced on
Guidance for All: January 26, 2021. The bill
https://hawaiicovid19.com/guid creates an exception to the
ance-for-everyone/ exclusive right to compensation
under workers’ compensation
law where COVID-19 is
contracted by an employee
whose employer failed to
maintain adequate workplace
protections against exposure to
COVID-19. The bill also
creates a presumption that
COVID-19 has been
proximately caused by an
employer’s failure to maintain
adequate workplace protections
against exposure to COVID-19.
Idaho Stage 4 Stay Healthy Face coverings strongly Executive Order No. HB 149 has been signed into
Guidelines (currently in effect): recommended. 2021-08 (Repealing EO law extending HB 6’s sunset
https://rebound.idaho.gov/wp- 2021-07 to Restore date (from July 1, 2021 to July
© 2021 Akin Gump Strauss Hauer & Feld LLP Updated as of May 31, 2021 17State Business Related COVID-19 Mask Requirements Vaccine Related Laws Limiting Tort
Reopening Orders and COVID-19 Orders Liability/Expanding
Guidance and Legislation Workers’ Compensation
Coverage
content/uploads/stage4-stay- Local Order): 1, 2022):
healthy-guidelines-051121.pdf https://gov.idaho.gov/w https://legislature.idaho.gov/wp-
p- content/uploads/sessioninfo/20
Idaho Rebounds: Our Path to content/uploads/sites/7 21/legislation/H0149.pdf
Prosperity Info Page: 4/2021/05/eo-2021-
https://rebound.idaho.gov/stag 08.pdf House Bill 6, the Coronavirus
es-of-reopening/ Limited Immunity Act, a civil
Executive Order No. liability immunity bill designed
Business specific protocols for 2021-06 (Repeal and to protect businesses, cities,
reopening: Replacement of counties, school districts,
https://rebound.idaho.gov/busi Executive Order 2021- universities and churches from
ness-specific-protocols-for- 03): COVID-19 lawsuits, passed the
opening/ https://gov.idaho.gov/w legislature and was signed into
p- law by Gov. Little:
content/uploads/sites/7 https://legislature.idaho.gov/ses
4/2021/04/eo-2021- sioninfo/2020spcl/legislation/H0
06.pdf 006/
Executive Order 21-04 HB 529 (enacted as Chapter 3,
(Banning Vaccine Title 5-345):
Passports): https://legislature.idaho.gov/ses
https://gov.idaho.gov/w sioninfo/2020/legislation/h0529/
p- (provides civil immunity for
content/uploads/sites/7 architects, engineers, and
4/2021/04/eo-2021- contractors for losses related to
04.pdf work provided at the request or
approval of a national, state, or
Idaho COVID-19 local public official in response
Vaccine: to a declared national, state, or
https://coronavirus.idah local emergency, a disaster, or
o.gov/covid-19-vaccine/ a catastrophic event)
(Pending Legislation)
© 2021 Akin Gump Strauss Hauer & Feld LLP Updated as of May 31, 2021 18State Business Related COVID-19 Mask Requirements Vaccine Related Laws Limiting Tort
Reopening Orders and COVID-19 Orders Liability/Expanding
Guidance and Legislation Workers’ Compensation
Coverage
House Bill 63 (would
prohibit mandated or
forced vaccination):
HOUSE BILL 63 –
Idaho State Legislature.
(Pending Legislation)
HB 140: (specifying that
employers or
companies that contract
with the state of Idaho
shall not discriminate
against unvaccinated
persons): HOUSE BILL
140 – Idaho State
Legislature
Illinois Restore Illinois Phase 4 Any individual who is not COVID-19 Vaccine COVID-19 Immunity Act (SB
Guidance FAQ: fully vaccinated and who Plan: 3989) is in committee:
https://www2.illinois.gov/dceo/ is over age two and able https://coronavirus.illino https://legiscan.com/IL/bill/SB39
Documents/Phase%204%20B to medically tolerate a is.gov/sfc/servlet.sheph 89/2019(Provides that any
usiness%20Guidance%20FAQ face covering (a mask or erd/document/downloa individual, business, or unit of
.pdf cloth face covering) shall d/069t000000GNOFoA local government shall not be
be required to cover AP?operationContext= liable for any civil damages for
Executive Order 2021-11 their nose and mouth S1 any acts or omissions that
(Reissues Executive Orders): with a face covering result in the transmission of
https://www2.illinois.gov/Pages when in a public place Guidance Affirming COVID-19, other than damages
/Executive- and unable to maintain a Non-Discrimination in occasioned by willful and
Orders/ExecutiveOrder2021- six-foot social distance. Medical Treatment wanton misconduct by the
11.aspx All individuals, including Including Administration individual, business, or unit of
those who are fully of the COVID-19 local government).
Executive Order 2021-10 vaccinated, shall be Vaccine:
(Bridge Phrase Order): required to wear a face https://coronavirus.illino
© 2021 Akin Gump Strauss Hauer & Feld LLP Updated as of May 31, 2021 19State Business Related COVID-19 Mask Requirements Vaccine Related Laws Limiting Tort
Reopening Orders and COVID-19 Orders Liability/Expanding
Guidance and Legislation Workers’ Compensation
Coverage
https://www2.illinois.gov/Pages covering consistent with is.gov/sfc/servlet.sheph HB2455:
/Executive- CDC guidance, including erd/document/downloa https://www.ilga.gov/legislation/f
Orders/ExecutiveOrder2021- (1) on planes, buses, d/069t000000HnVsyAA ulltext.asp?DocName=&Sessio
10.aspx trains, and other forms F?operationContext=S1 nId=109&GA=101&DocTypeId=
of public transportation HB&DocNum=2455&GAID=15
Executive Order 2021-07 and in transportation (Pending Legislation) &LegID=118463&SpecSess=1
(Relief for Utility Customers): hubs such as airports HB 3682 (named the &Session=0 (The bill creates a
https://www2.illinois.gov/Pages and train and bus “Workplace Vaccination rebuttable presumption of
/Executive- stations; (2) in Program Limitation Act” compensable injury or
Orders/ExecutiveOrder2021- congregate facilities that would make it occupational disease for first
07.aspx such as correctional unlawful for an responders or front-line workers
facilities and homeless employer to create, who are diagnosed with
Governor Pritzker’s A Bridge shelters; and (3) in implement, or otherwise COVID-19. The law went into
to Phase 5: healthcare settings. enforce a workplace effect on June 5, 2020 and
https://coronavirus.illinois.gov/ vaccination program applies to all cases tried after
sfc/servlet.shepherd/document Businesses must ensure that requires any the effective date of the law and
/download/069t000000KHsdu that employees who are employee to in which the diagnosis of
AAD?operationContext=S not fully vaccinated demonstrate to the COVID-19 was made on or
practice social employer that he or she after March 9, 2020 or before
Actions to Combat a distancing and wear face has received a vaccine December 31, 2020.)
Resurgence of COVID-19: coverings when social that was approved
https://coronavirus.illinois.gov/ distancing is not always under emergency use The rebuttable presumption
sfc/servlet.shepherd/document possible to ensure that authorization by the US contained in HB2455 has now
/download/069t000000IFfeiAA all visitors (customers, FDA: Illinois General expired. However, on February
D?operationContext=S1 vendors, etc.) to the Assembly - Bill Status 26, 2021, HB 4276 was signed
workplace who are not for HB3682 (ilga.gov) into law, aiming to extend the
Executive Order 2021-03 fully vaccinated can rebuttable presumption to
(Modifies Regional Mitigation practice social COVID diagnoses made before
Metrics): distancing; but if June 30, 2021.(
https://www2.illinois.gov/Pages maintaining a six-foot https://www.businessinsurance.
/Executive- social distance will not com/article/20210108/NEWS08
be possible at all times, /912338987/Illinois-lawmakers-
introduce-amendment-to-
© 2021 Akin Gump Strauss Hauer & Feld LLP Updated as of May 31, 2021 20State Business Related COVID-19 Mask Requirements Vaccine Related Laws Limiting Tort
Reopening Orders and COVID-19 Orders Liability/Expanding
Guidance and Legislation Workers’ Compensation
Coverage
Orders/ExecutiveOrder2021- encourage those visitors extend-COVID-19-coronavirus-
03.aspx to wear face coverings. pandemic-p) In order for the
presumption to apply at trial, an
Executive Order 2020-47 employee must provide a
(allowing schools to reopen for confirmed diagnosis by a
20-21 school year): licensed medical practitioner or
https://www2.illinois.gov/Pages a positive lab test for COVID or
/Executive- COVID antibodies (for
Orders/ExecutiveOrder2020- diagnoses before June 15,
47.aspx 2020) or a positive lab test for
COVID or COVID antibodies
Illinois Regional COVID-19 (for diagnoses after June 15,
Resurgence Plan: 2020).
https://dceocovid19resources.
com/restore-illinois
Guidelines for Youth and Adult
Recreational Sports (7/29):
https://coronavirus.illinois.gov/
sfc/servlet.shepherd/document
/download/069t000000CyCnd
AAF?operationContext=S1
(effective 8/15)
Essential Business FAQs:
https://www2.illinois.gov/dceo/
Documents/Essential%20Busi
ness%20FAQ.pdf
Restore Illinois FAQ:
https://coronavirus.illinois.gov/
s/restore-illinois-faqs
© 2021 Akin Gump Strauss Hauer & Feld LLP Updated as of May 31, 2021 21State Business Related COVID-19 Mask Requirements Vaccine Related Laws Limiting Tort
Reopening Orders and COVID-19 Orders Liability/Expanding
Guidance and Legislation Workers’ Compensation
Coverage
Illinois Department of Public
Health Guidance Relating to
COVID-19 Outbreak:
https://www.dph.illinois.gov/co
vid19/community-guidance
Indiana Executive Order 21-15 No statewide mask COVID-19 Vaccine SB1, signed into law, provides
(Continuation of Health and requirement, but all Allocation Plan: civil tort immunity for damages
Welfare-Based Provisions to individuals are https://www.coronavirus arising from COVID-19 on the
Address the Impact of and encouraged to follow the .in.gov/files/Indiana%20 premises owned or operated by
Spread of COVID-19): CDC guidelines on COVID- a person, on any premises on
https://www.in.gov/gov/files/Ex whether and when 19%20Vaccination%20 which the person or an
ecutive-Order-21-15- wearing a face covering Plan_%20Interim%20D employee or agent of the
Continuation-of-Health-and- is warranted. raft.pdf person provided property or
Welfare-Provsions.pdf services to the individual, or
Unless specifically (Pending Legislation) during an activity managed,
Executive Order 21-14 exempted, all individuals SB 74 (would prohibit organized, or sponsored by the
(Fifteenth Renewal of the shall wear a face an employer from person, except for an act or
Public Health Emergency covering when (a) inside requiring, as a condition omission that constitutes gross
Declaration for the COVID-19 a state government of employment, an negligence or willful or wanton
Outbreak): congregate facility; (b) employee or misconduct (including fraud and
https://www.in.gov/gov/files/Ex by patients, prospective employee intentionally tortious acts). The
ecutive-Order-21-14-Fiftenth- administrators, and to receive any bill is retroactive to March 1,
Renewal-of-Emergency- others present at a immunization if the 2020:
Declaration.pdf COVID testing or immunization is http://iga.in.gov/legislative/2021
vaccination site; (c) at a medically /bills/senate/1
Executive Order 21-13 K-12 educational facility, contraindicated for the
(Rescission of Directives and under specified employee or receiving
Restrictions Imposed to circumstances in EO 21- the immunization is
Address the Coronavirus 15. against the employee’s
(COVID-19) Emergency: religious beliefs or
https://www.in.gov/gov/files/Ex conscience: Senate Bill
ecutive-Order-21-13- 74 - Workplace
© 2021 Akin Gump Strauss Hauer & Feld LLP Updated as of May 31, 2021 22State Business Related COVID-19 Mask Requirements Vaccine Related Laws Limiting Tort
Reopening Orders and COVID-19 Orders Liability/Expanding
Guidance and Legislation Workers’ Compensation
Coverage
Recission-of-Prior- immunization
Directives.pdf prohibition - Indiana
General Assembly,
Executive Order 21-07 2021 Session
(Renewal of Directives Issued
in Response to the COVID-19 (Pending Legislation)
Outbreak): HB 1488 (would
https://www.in.gov/gov/files/Ex prohibit employers from
ecutive-Order-21-07-Renewal- requiring, as a condition
of-COVID-Directives.pdf of employment, an
employee or
Executive Order 21-06 (Fourth prospective employee
Continuation of County-Based to receive and
Measures and Restrictions immunization that has
Based on the Impact and been approved for
Spread of the Coronavirus emergency use but
Disease (COVID-19): lacks full FDA
https://www.in.gov/gov/files/Ex approval): House Bill
ecutive-Order-21-06-Fourth- 1488 - Vaccination
Extension-of-County-Based- exemptions - Indiana
Restrictions.pdf General Assembly,
2021 Session
Executive Order 20-51
(Additional Directives and
Renewal of Other Directives
Issued in Response to the
COVID-19 Outbreak):
https://www.in.gov/gov/files/Ex
ecutive_Order_20-
51_New_Directives-
Renewal_of_Other_Directives.
pdf
© 2021 Akin Gump Strauss Hauer & Feld LLP Updated as of May 31, 2021 23State Business Related COVID-19 Mask Requirements Vaccine Related Laws Limiting Tort
Reopening Orders and COVID-19 Orders Liability/Expanding
Guidance and Legislation Workers’ Compensation
Coverage
Executive Order 20-48
(County-Based Measures and
Restrictions Based on the
Impact and Spread of the
Coronavirus Disease (COVID-
19)):
https://www.in.gov/gov/files/Ex
ecutive_Order_20-48_Color-
Coded_County_Assessments.
pdf
Executive Order 20-40: Child
Care Matters and COVID-19:
https://www.in.gov/gov/files/Ex
ecutive%20Order%2020-
40%20Child%20Care%20Matt
ers.pdf
COVID-19 Information Page:
https://www.coronavirus.in.gov
/?utm_source=agency-
website&utm_medium=banner
-
image&utm_campaign=&utm_t
erm=&utm_content=core
Back on Track Informational
Page:
https://backontrack.in.gov/
Indiana State Department of
Health Public Resources:
© 2021 Akin Gump Strauss Hauer & Feld LLP Updated as of May 31, 2021 24State Business Related COVID-19 Mask Requirements Vaccine Related Laws Limiting Tort
Reopening Orders and COVID-19 Orders Liability/Expanding
Guidance and Legislation Workers’ Compensation
Coverage
https://www.coronavirus.in.gov
/2400.htm
Indiana State Department of
Health Professional
Resources:
https://www.coronavirus.in.gov
/2399.htm
Iowa Proclamation of Disaster No statewide mask Iowa Vaccine SF 2338 – COVID-19
Emergency 5/27: requirement. Information: Response and Back-to-
https://governor.iowa.gov/sites https://coronavirus.iowa Business Limited Liability Act:
/default/files/documents/Public .gov/pages/vaccineinfor https://legiscan.com/IA/bill/SF2
%20Health%20Proclamation% mation 338/2019 (effective 7/1/20,
20-%202021.05.27.pdf retroactive to 1/1/20, heightens
(Pending Legislation) actual injury requirements for
Iowa Department of HB330/SF 555 (would plaintiffs, creates safe harbor
Inspections & Appeals: prohibit employers from defense for businesses or
https://dia.iowa.gov/about/nov discriminating against individuals acting in substantial
el-coronavirus-covid-19 employees based on compliance or consistent with
vaccination status): federal or state regulations,
Iowa Department of Public Iowa Legislature - executive orders, or public
Health COVID-19 Reopening BillBook health guidance related to
Guidance: COVID-19 at the applicable
https://idph.iowa.gov/Emerging time, provides protection for
-Health-Issues/Novel- property owners, landlords, and
Coronavirus/Guidance other businesses in possession
of real property, and limits
© 2021 Akin Gump Strauss Hauer & Feld LLP Updated as of May 31, 2021 25State Business Related COVID-19 Mask Requirements Vaccine Related Laws Limiting Tort
Reopening Orders and COVID-19 Orders Liability/Expanding
Guidance and Legislation Workers’ Compensation
Coverage
State of Iowa Agency liability for those involved in
Guidance: production of PPE)
https://coronavirus.iowa.gov/p
ages/guidance HF121 is pending. The bill
states that “If any employee can
show that the employee was
exposed to a person infected
with COVID-19 or a similar
disease while in the workplace,
there shall be a rebuttable
presumption that the
employee’s infection with
COVID-19 or a similar disease
is an occupational disease for
which an employer is liable for
compensation” under the Iowa
occupational disease law.
Kansas Executive Order 21-18 No statewide mask Finalized Vaccine SB 283
(Temporary provisions for requirement. Distribution Order: (http://www.kslegislature.org/li/b
employer payment of income https://governor.kansas 2021_22/measures/sb283/)
tax withholding for work GOP lawmakers repeal .gov/governor-laura- signed into law by Gov. Kelly
performed in another state): Kansas mask mandate, kelly-announces- extends certain COVID-19
https://governor.kansas.gov/w lawsuits expected finalized-vaccine- response measures and
p- against local orders: distribution-order-2/ immunity from civil liability for
content/uploads/2021/04/EO- https://www.kansascity.c certain health care providers
21-18-Executed.pdf om/news/coronavirus/art Executive Order 21-21 and certain persons conducting
icle250365491.html (Temporary business in Kansas for COVID-
Executive Order 21-17 authorization for 19 claims.
(Temporary relief from certain Executive Order No. 20- additional vaccinators
unemployment insurance 59: during state of disaster HB 2016 – COVID-19
requirements during state of https://governor.kansas. emergency): Response and Reopening for
disaster emergency): gov/wp- https://governor.kansas Business Liability Protection
© 2021 Akin Gump Strauss Hauer & Feld LLP Updated as of May 31, 2021 26State Business Related COVID-19 Mask Requirements Vaccine Related Laws Limiting Tort
Reopening Orders and COVID-19 Orders Liability/Expanding
Guidance and Legislation Workers’ Compensation
Coverage
https://governor.kansas.gov/w content/uploads/2020/07 .gov/wp- Act:
p- /EO-20-59-Signed.pdf content/uploads/2021/0 http://www.kslegislature.org/li_2
content/uploads/2021/04/EO- (mandating masks and 4/EO-21-21- 020s/b2020s/measures/docum
21-17-Executed.pdf other mitigation Executed.pdf ents/hb2016_enrolled.pdf
procedures in schools (under the act many Kansas
Executive Order 21-15 indefinitely). (Pending Legislation) businesses are “immune from
(Requiring COVID-19 testing SB 213 (would prohibit liability in a civil action for a
in certain adult care homes): employers from taking COVID-19 claim if such person
https://governor.kansas.gov/w adverse actions against was acting pursuant to and in
p- employees who refuse substantial compliance with
content/uploads/2021/04/EO- to get a COVID-19 public health directives
21-15-Executed.pdf vaccine): SB 213 | Bills applicable to the activity giving
and Resolutions | rise to the cause of action when
Executive Order 21-11 Kansas State the cause of action accrued.”)
(Temporarily suspending Legislature
certain rules relating to sale of (kslegislature.org) HB 2126: Providing immunity
alcoholic beverages): from civil liability for COVID-19
https://governor.kansas.gov/w (Pending Legislation) claims for certain covered
p- HCR 5017 (supporting facilities including adult care
content/uploads/2021/04/EO- the adoption of a homes, community mental
21-11-Executed.pdf COVID-19 Vaccine Bill health centers, community
of Rights): HCR 5017 | service centers that were in
Executive Order 21-09 Bills and Resolutions | “substantial compliance with
(Extending a professional and Kansas State public health directives” during
occupational licenses during Legislature a public health
the state of disaster (kslegislature.org) emergency.(http://www.kslegisl
emergency): ature.org/li/b2021_22/measures
https://governor.kansas.gov/w /hb2126/)
p-
content/uploads/2021/04/EO-
21-09-Executed.pdf
© 2021 Akin Gump Strauss Hauer & Feld LLP Updated as of May 31, 2021 27State Business Related COVID-19 Mask Requirements Vaccine Related Laws Limiting Tort
Reopening Orders and COVID-19 Orders Liability/Expanding
Guidance and Legislation Workers’ Compensation
Coverage
Emergency Response Bill
signed by Gov. Kelly:
http://kslegislature.org/li/b2021
_22/measures/documents/sb4
0_enrolled.pdf
Gov. Kelly Recommends
Communities Continue in
Phase 3 of “Ad Astra” Plan:
https://www.wibw.com/2020/07
/11/gov-kelly-recommends-
kansas-continue-phase-3-of-
ad-astra-plan/
Kansas Dept. of Health and
Environment Businesses &
Employers Guidance:
https://www.coronavirus.kdhek
s.gov/248/Business-Employers
Kentucky Healthy at Work Executive May 13, 2021 Face (Pending Legislation) Executive Order 2020-277,
Orders and Guidance: Covering Order: Senate Bill 8, An Act State of Emergency Relating to
https://govstatus.egov.com/ky- https://chfs.ky.gov/agenc relating to exceptions to Workers’ Compensation:
healthy-at-work ies/dph/covid19/Executiv mandatory https://governor.ky.gov/attachm
e%20Order%202021- immunization ents/20200409_Executive-
326%20- requirements and Order_2020-277_Workers-
%20Face%20Coverings. declaring an Compensation.pdf
pdf emergency:
https://apps.legislature. Guidance on Executive Order
2020-277:
https://labor.ky.gov/Documents/
© 2021 Akin Gump Strauss Hauer & Feld LLP Updated as of May 31, 2021 28State Business Related COVID-19 Mask Requirements Vaccine Related Laws Limiting Tort
Reopening Orders and COVID-19 Orders Liability/Expanding
Guidance and Legislation Workers’ Compensation
Coverage
ky.gov/record/21RS/sb COVID-
8.html 19%20Executive%20Order%20
2020-277.pdf
SB 150 (providing defense to
ordinary negligence and
products liability suits for certain
businesses making or providing
PPE):
https://legiscan.com/KY/text/SB
150/2020
Louisiana Proclamation Number 79 JBE Section 3 of (Pending Legislation) Act No. 336 (Limits liability
2021. COVID-19 Public Health Proclamation Number 85 House Bill 579 during COVID-19):
Emergency Mitigation JBE 2021: 85-JBE-2021- (provides for rights of http://www.legis.la.gov/legis/Vie
Measures: COVID-19-Public- individuals to bodily wDocument.aspx?d=1182532
https://gov.louisiana.gov/asset Health-Emergency- autonomy and to make
s/Proclamations/2021/79-JBE- Modificiation.pdf healthcare decisions): Act No. 303 (Limits liability of
2021-State-of-Emergency- (louisiana.gov) http://www.legis.la.gov/l persons who provide relief or
renewingcovid19.pdf egis/BillInfo.aspx?s=21r recovery equipment or services
s&b=HB579&sbi=y during a declared state
Individual Business emergency):
Registration and Guidance: https://legiscan.com/LA/text/SB
https://opensafely.la.gov/ 491/2020
Act No. 305 (Limits liability for
restaurants that provide food-
to-go during the COVID-19
public health emergency):
https://legis.la.gov/legis/ViewDo
cument.aspx?d=1182332
© 2021 Akin Gump Strauss Hauer & Feld LLP Updated as of May 31, 2021 29State Business Related COVID-19 Mask Requirements Vaccine Related Laws Limiting Tort
Reopening Orders and COVID-19 Orders Liability/Expanding
Guidance and Legislation Workers’ Compensation
Coverage
Act No. 9 (Limits liability for
public and private school
districts and postsecondary
institutions during a declared
state of emergency or a public
health emergency):
https://legiscan.com/LA/text/HB
59/2020/X1
Maine An Order to Amend Indoor Maine requires face (Pending Legislation) HB 1403 (Pending Legislation):
Gathering and In-Store masks to be worn in An Act to Prohibit https://legiscan.com/ME/text/LD
Customer Limits 38 FY 20/21: school and child care Mandatory COVID-19 1403/id/2359800
https://www.maine.gov/govern settings, where people Vaccinations for 5
or/mills/sites/maine.gov.govern ages 5 and older must Years to Allow for
or.mills/files/inline- wear a mask indoors. Safety Testing and
files/EO%2096%2038.pdf Maine otherwise follows Investigations into
CDC guidance and Reproductive Harm:
An Order Amending Indoor recommends http://legislature.maine.
Gathering Limit and Travel unvaccinated people gov/legis/bills/getPDF.a
Restrictions 35 FY 20/21: continue to wear masks: sp?paper=HP0635&ite
https://www.maine.gov/govern Face Covering FAQs | m=1&snum=130
or/mills/sites/maine.gov.govern Covid-19 (maine.gov)
or.mills/files/inline-
files/EO%2093%2035.pdf
An Order Amending Indoor
Gathering Limit: 31 FY 20/21:
https://www.maine.gov/govern
or/mills/sites/maine.gov.govern
or.mills/files/inline-
files/EO%2031%2087.pdf
© 2021 Akin Gump Strauss Hauer & Feld LLP Updated as of May 31, 2021 30State Business Related COVID-19 Mask Requirements Vaccine Related Laws Limiting Tort
Reopening Orders and COVID-19 Orders Liability/Expanding
Guidance and Legislation Workers’ Compensation
Coverage
An Order to Revise Indoor
Gathering Limits, Strengthen
Face Covering Requirements,
and Delegate Certain Authority
16 FY 20/21:
https://www.maine.gov/govern
or/mills/sites/maine.gov.govern
or.mills/files/inline-
files/An%20Order%20to%20R
evise%20Indoor%20Gathering
%20Limits%2C%20Strengthen
%20Face%20Covering%20Re
quirements%20and%20Deleg
ate%20Certain%20Authority.p
df
An Order to Implement Phase
Four of the Restarting Maine’s
Economy Plan 14 FY 20/21:
https://www.maine.gov/govern
or/mills/sites/maine.gov.govern
or.mills/files/inline-
files/An%20Order%20to%20I
mplement%20Phase%20Four
%20of%20the%20Restarting%
20Maines%20Economy%20Pl
an.pdf
An Order Amending Executive
Orders 55 FY 19/20 and 1 FY
20/21:
https://www.maine.gov/govern
or/mills/sites/maine.gov.govern
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