On Thursday, the Washington Farm Bureau filed an amicus brief in Thurston County Superior Court in support of Building Industry Association of Washington in the legal fight against Labor & Industries’ new coronavirus employer rules. The new rules, created under Governor Jay Inslee’s Proclamation 20-57, allow L&I to fine employers $10,000 if they are in violation.

Bre Elsey, Director of Government Affairs with the Farm Bureau, said there were several questions of legality when the Proclamation was issued earlier this month. One of the biggest question marks, the assurance that an employee will stay home if they have COVID-19 symptoms.

“Does an employer have the legal right to tell an employee what to do on his off time and what to do in his personal home?  That’s very questionable.  And also, there’s another mandate in there that says an employee can only commute to work with a family member.  But, what happens if that employee shows up to work with a non-family member.  The employer must mandate that that situation doesn’t happen, but how much control does an employer have over an employee’s personal vehicle.

Elsey added they brought up several of these concerns to the Governor’s office, but did not get a response.

The suit added businesses are being punished, many times through no fault of their own, due to lack of PPE, public notice, and many instances of conflicting mandates by government agencies.

The first hearing is scheduled for Friday morning.


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