Bill Text: NY S02560 | 2021-2022 | General Assembly | Introduced

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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 3-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO LABOR [S02560 Detail]

Download: New_York-2021-S02560-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2560

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 21, 2021
                                       ___________

        Introduced  by  Sens.  JORDAN,  BORRELLO, ORTT -- read twice and ordered
          printed, and when printed to be committed 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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00874-01-1
        S. 2560                             2

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