senate Bill S8800

2019-2020 Legislative Session

Relates to limiting 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

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 17, 2020 referred to rules

Co-Sponsors

S8800 (ACTIVE) - Details

See Assembly Version of this Bill:
A10887
Current Committee:
Senate Rules
Law Section:
Labor Law
Laws Affected:
Add §200-b, Lab L

S8800 (ACTIVE) - Summary

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.

S8800 (ACTIVE) - Sponsor Memo

S8800 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8800

                            I N  S E N A T E

                              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:

  Section  1.  Short  title. This act shall be known and may be cited as
the "Get New York Back to Work act".
  § 2. The labor law is amended by adding a new section 200-b to read as
follows:
  § 200-B. LIMITATION ON LIABILITY FOR EMPLOYERS  AND  EMPLOYEES  DURING
COVID-19  PANDEMIC. 1. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "COVERED ENTITY" SHALL MEAN  ONE  OR  MORE  INDIVIDUALS,  BUSINESS
TRUSTS,  LEGAL  REPRESENTATIVES,  CORPORATIONS, COMPANIES, ASSOCIATIONS,
FIRMS, PARTNERSHIPS, SOCIETIES,  JOINT  STOCK  COMPANIES,  UNIVERSITIES,
SCHOOLS,  NOT-FOR-PROFIT  ORGANIZATIONS,  RELIGIOUS ORGANIZATIONS OR ANY
ORGANIZED GROUP OF SUCH ENTITIES.
  (B) "GOOD FAITH" SHALL  MEAN  MAKING  REASONABLE  EFFORTS  TO  ACT  IN
COMPLIANCE  WITH  (I)  APPLICABLE GUIDANCE FROM A FEDERAL, STATE, LOCAL,
TERRITORIAL OR TRIBAL  PUBLIC  HEALTH  AUTHORITY;  OR  (II)  APPROPRIATE
PROFESSIONAL OR INDUSTRY STANDARDS, RECOMMENDATIONS OR GUIDANCE.
  (C)  "SERIOUS  BODILY INJURY" SHALL MEAN (I) DEATH OR INJURY REQUIRING
IN-PATIENT HOSPITALIZATION OF AT LEAST FORTY-EIGHT HOURS; (II) PERMANENT
IMPAIRMENT OF A BODILY FUNCTION; OR (III) PERMANENT  DAMAGE  TO  A  BODY
STRUCTURE.
  2.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW AND EXCEPT AS PROVIDED
IN SUBDIVISION THREE OF THIS SECTION, NO COVERED ENTITY, AS  DEFINED  BY
PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION, SHALL BE LIABLE IN ANY
CIVIL  ACTION FOR THE SPREAD OR POSSIBLE TRANSMISSION OF COVID-19 CAUSED
BY AN ACT OR OMISSION OF SUCH COVERED ENTITY ACTING IN GOOD FAITH IN THE
WORKPLACE.

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

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