NACS Calls on Retailers to Urge Congress to Pass Newly Introduced Liability Legislation

WASHINGTON, D.C. — NACS is asking members of the convenience store industry to contact their congressional representatives in support of liability protections from COVID-19 exposure claims as part of a new stimulus package.

Sen. John Cornyn (R-Texas) and Leader Mitch McConnell (R-Ky.) introduced the SAFE TO WORK Act, which would shield businesses, schools, universities and nonprofits from legal claims if they took responsible measures to mitigate the spread of the coronavirus, reported NACS Daily.

The association noted that the c-store industry has remained open during the pandemic to meet the essential needs of communities, but has also dealt with changing and unclear health guidance.

The cost of fighting legal claims that the novel coronavirus was contracted on a business' premises would be crippling both in and outside of the c-store industry, even for retailers that took appropriate steps regarding employee and customer safety, according to NACS.

If passed, the SAFE TO WORK Act would:

• Create a federal cause of action for coronavirus exposure claims and set the statute of limitations for the pursuit of such claims at one year;
• Provide a safe harbor to businesses from claims related to COVID-19 exposure provided that businesses made reasonable efforts to comply with mandatory standards or public health guidelines, with no such safe harbor provided to bad actors and cases of gross negligence or willful misconduct;
• Preempting all state laws and imposing a floor on liability protection, leaving states free to further limit liability but not to institute laws increasing liability;
• Allow business that receive meritless demand letters related to the virus to bring suit against the plaintiff in order to recoup their legal fees;
• Protect businesses from the American with Disability Act or labor law claims challenging COVID-19-related health measures that businesses put in place while attempting to follow relevant guidance and regulations; and
• Cover the time period of Dec. 19 through October 2024 or to the end of the national public emergency, whichever is longer.

On July 29, NACS and a coalition of essential industry associations wrote to Congress to ask that it include the SAFE TO WORK Act in the next stimulus package, which is currently under negotiation.

"As the nation continues the process of reopening, it would be tragic if businesses that had kept their doors open to serve their communities were forced to close because of the high costs of dealing with frivolous lawsuits," the letter stated. "For these reasons, we enthusiastically support the SAFE TO WORK Act, S. 4317, which would shield businesses who are doing their best to serve their neighbors while protecting them from COVID-19 exposure, and call upon Congress to incorporate and pass this legislation in the next COVID relief package."

The full letter is available here. Other signatories include the Convenience Distribution Association, the National Association of Truckstop Operators, Petroleum Marketers Association of America, the Society of Independent Gasoline Marketers of America, and others.

NACS urges c-store industry members to contact their members of Congress through its grassroots portal to support liability protections as part of the stimulus package.

NACS, the leading global trade association dedicated to advancing convenience and fuel retailing, serves as a trusted advisor to more than 1,500 retailer and 1,600 supplier members from more than 50 countries.