NFIB: Proposed Pandemic Mandates Unnecessary, Costly

Date: February 20, 2024

The state Department of Labor is considering new rules in case there is another outbreak like COVID-19

NFIB State Director Gregg Thompson said pandemic requirements under consideration by the state Department of Labor are unnecessary and would be a financial burden to North Carolina’s small businesses.

In October, the department gave notice of a petition for rulemaking filed by various special interest groups to address a perceived lack of enforceable COVID-19 workplace requirements. In January, the department opened a period of comment on the proposed requirements that extends until March 4.

“Unlike other business groups, NFIB bases its policy positions on input from our members, and when we asked them whether the Department of Labor should impose new rules for dealing with future pandemics, 99% of respondents said ‘no.’

“Main Street businesses did everything they could during the pandemic to protect the health and safety of their customers and their employees,” Thompson said. “These proposed workplace requirements, which include the use of personal protective equipment and social distancing, are unnecessary and would hurt employers by driving up the cost of doing business.

“On top of that, these mandates could create a new cause of action against small businesses,” Thompson said. “Small businesses can’t afford teams of lawyers and compliance officers to ensure they follow every rule to the letter. If a small business slips up and makes a mistake, it could be targeted by trial lawyers hoping for a quick cash settlement. Small businesses aren’t sitting on piles of cash. The cost of defending themselves against a single frivolous claim could be enough to put them out of business.”

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