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.
STATE OF NEW YORK
________________________________________________________________________
8800
IN SENATE
July 17, 2020
___________
Introduced by Sen. JORDAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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.
LBD16969-04-0
S. 8800 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.
