Bill Text: NY A10887 | 2019-2020 | General Assembly | Introduced

Bill Title: Limits the civil liability of employers and employees for the spread or possible transmission of COVID-19 caused by an act or omission while acting in good faith.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-07-24 - referred to labor [A10887 Detail]

Download: New_York-2019-A10887-Introduced.html

                STATE OF NEW YORK


                   IN ASSEMBLY

                                      July 24, 2020

        Introduced by COMMITTEE ON RULES -- (at request of M. of A. DiPietro) --
          read once and referred to the Committee on Labor

        AN ACT to amend the labor law, in relation to limiting the civil liabil-
          ity of employers and employees for the spread or possible transmission
          of COVID-19 caused by an act or omission while acting in good faith

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "Get New York Back to Work act".
     3    § 2. The labor law is amended by adding a new section 200-b to read as
     4  follows:
     5    §  200-b.  Limitation  on liability for employers and employees during
     6  COVID-19 pandemic. 1. For purposes of this section, the following  terms
     7  shall have the following meanings:
     8    (a)  "Covered  entity"  shall  mean  one or more individuals, business
     9  trusts, legal representatives,  corporations,  companies,  associations,
    10  firms,  partnerships,  societies,  joint  stock companies, universities,
    11  schools, not-for-profit organizations, religious  organizations  or  any
    12  organized group of such entities.
    13    (b)  "Good  faith"  shall  mean  making  reasonable  efforts to act in
    14  compliance with (i) applicable guidance from a  federal,  state,  local,
    15  territorial  or  tribal  public  health  authority;  or (ii) appropriate
    16  professional or industry standards, recommendations or guidance.
    17    (c) "Serious bodily injury" shall mean (i) death or  injury  requiring
    18  in-patient hospitalization of at least forty-eight hours; (ii) permanent
    19  impairment  of  a  bodily  function; or (iii) permanent damage to a body
    20  structure.
    21    2. Notwithstanding any other provision of law and except  as  provided
    22  in  subdivision  three of this section, no covered entity, as defined by
    23  paragraph (a) of subdivision one of this section, shall be liable in any
    24  civil action for the spread or possible transmission of COVID-19  caused
    25  by an act or omission of such covered entity acting in good faith in the
    26  workplace.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 10887                            2

     1    3.  Subdivision two of this section shall not apply if harm to another
     2  individual is shown, by clear and convincing evidence, to be  caused  by
     3  an act or omission constituting willful or criminal misconduct, reckless
     4  misconduct,  gross  negligence,  or a conscious flagrant indifference to
     5  the  rights  or  safety of the individual harmed by such covered entity.
     6  For purposes of this section, infection with COVID-19 shall not  be  the
     7  basis  for damages arising from bodily injury, except to the extent that
     8  such injury is serious bodily injury.
     9    § 3. This act shall take effect on the thirtieth day  after  it  shall
    10  have become a law.