Employer Liability; Affirmative Defenses.

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Sec. 13.

Notwithstanding any other provision of this act, for a claim brought under section 7 relating to violations of section 3(1)(a) to (b) and section 5 arising after February 29, 2020 and before October 22, 2020, an employer may demonstrate, as an affirmative defense to liability under section 7, that it was operating in compliance with all of the following related to quarantine and isolation of employees:

(a) United States Centers for Disease Control and Prevention guidance.

(b) All federal, state, and local statutes, rules, and regulations that had not been denied legal effect at the time of the conduct that allegedly violated section 7.

(c) All executive orders and agency orders that had not been denied legal effect at the time of the conduct that allegedly violated section 7.

History: Add. 2020, Act 339, Imd. Eff. Dec. 29, 2020


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