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UPDATE: Governor Dewine Signs HB 606 Granting Short Window of Immunity from COVID-19 Personal Injury Lawsuits

Client Alert

On Monday, September 14, as expected, Governor DeWine signed House Bill 606 into law. It will take effect on Sunday, December 13, 2020.

September 9 - The Ohio General Assembly, in Am. Sub. H.B. No. 606, is in the final stages of passing a law that will prohibit lawsuits seeking damages from COVID-19. This includes injury, death, or loss to person or property if the lawsuits are based, in whole or in part, on the exposure to, or the transmission or contraction of the coronavirus, unless the defendant in the lawsuit acted intentionally or recklessly. In circumstances where this immunity does not apply, H.B. 606 prohibits such claims being aggregated and brought as a class action.

Importantly, the law explicitly states that public health or other governmental orders related to COVID-19 do not create any new legal duties of care for the purposes of tort liability and cannot be used as evidence of a breach of any duty of care. 

With this new law, the Ohio General Assembly is recognizing the difficulty businesses face in complying with frequently changing public health orders and CDC recommendations. Additionally, the legislature wants to avoid legal precedents that could subject business and premises owners to liability to members of the public for exposure to airborne viruses, bacteria and germs.   

The lawsuit immunity granted by H.B. 606 is broad. It applies to individuals, corporations, partnerships, associations, health care providers, health care workers, schools, non-profits, governmental entities, religious entities, trusts and estates. It will be short lived, however. The immunity would only be granted to claims arising from March 9, 2020, the date of the Governor’s Executive Order 2020-01D through September 30, 2021. Governor DeWine is expected to sign the bill, which would then take effect in 90 days.

As mentioned in our June 2, 2020 client alert, H.B. 606 previously created a rebuttable presumption that first responders and healthcare workers were eligible for workers’ compensation if they contract COVID-19. Am. Sub. H.B. No. 606 no longer contains this presumption. Therefore, COVID-19 is generally not a compensable workers’ compensation illness in Ohio except in the most exceptional circumstances.

For additional information, please contact Adam D. Fuller, adfuller@bmdllc.com or 330.374.6737, or any member of the L+E or Health Law Team at BMD.


Federal Trade Commission Voids Non-Compete Agreements Nationwide

On April 23, 2024, the U.S. Federal Trade Commission (“FTC”) issued its Final Rule containing regulations impacting non-compete agreements across the country for all employees. The Final Rule implements some of the most impactful changes to employment law during this century. The Final Rule will take effect 120 days from its publication in the Federal Register, which we expect to occur within the next few weeks.

Department of Labor Finalizes Rule with Substantial Salary Increases for White-Collar Overtime Exemptions

On April 23, 2024, the U.S. Department of Labor (DOL) announced a final rule that will significantly impact overtime eligibility for white-collar employees under the Fair Labor Standards Act (FLSA). This rule implements a dramatic increase in the minimum salary level required for an employee to be exempt under the FLSA’s administrative, executive, and professional exemptions (the so-called “white collar exemptions”) as well as the FLSA’s highly compensated employee exemption.

Chemical Dependency Professionals Board Rule Changes: Part 2

New rule changes for Certification of Chemical Dependency Counselor Assistants (CDCA)

Board of Pharmacy Rule Changes

Board of Pharmacy made changes to rules effective on March 4, 2024

Counselor, Social Workers, and Marriage and Family Therapist (CSWMFT) Board Rule Changes

The Counselor, Social Workers, and Marriage and Family Therapist (CSWMFT) Board has proposed changes to the Ohio Administrative Code rules discussed below. The rules are scheduled for a public hearing on April 23, 2024, and public comments are due by this date. Please reach out to BMD Member Daphne Kackloudis for help preparing comments on these rules or for additional information.