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Assembly Bill A390

2021-2022 Legislative Session

Declares agreements exempting employers from liability for negligence related to the COVID-19 pandemic void and unenforceable

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Archive: Last Bill Status - In Assembly Committee

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2021-A390 (ACTIVE) - Details

See Senate Version of this Bill:
S128
Current Committee:
Assembly Judiciary
Law Section:
General Obligations Law
Laws Affected:
Add §5-322.4, Gen Ob L
Versions Introduced in 2019-2020 Legislative Session:
A10838, S8587

2021-A390 (ACTIVE) - Summary

Declares agreements exempting employers from liability for negligence related to the COVID-19 pandemic void and unenforceable.

2021-A390 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    390
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of A. BRAUNSTEIN, SIMON -- read once and referred to
   the Committee on Judiciary
 
 AN ACT to amend the general obligations law, in  relation  to  declaring
   agreements  exempting  employers from liability for negligence related
   to the COVID-19 pandemic void and unenforceable

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  general  obligations  law is amended by adding a new
 section 5-322.4 to read as follows:
   § 5-322.4. AGREEMENTS EXEMPTING EMPLOYERS FROM  LIABILITY  FOR  NEGLI-
 GENCE  RELATED  TO  THE COVID-19 PANDEMIC VOID AND UNENFORCEABLE. 1. ANY
 PROVISION IN ANY CONTRACT, AGREEMENT OR UNDERSTANDING  RELATING  TO  THE
 EMPLOYMENT, HIRING OR RETAINING OF THE SERVICES OF ANY PERSON, INCLUDING
 BUT  NOT LIMITED TO EMPLOYEES, INDEPENDENT CONTRACTORS AND INTERNS, THAT
 EXEMPTS THE EMPLOYER OR HIRING PARTY  FROM  LIABILITY  FOR  DAMAGES  FOR
 PERSONAL  INJURY  OR  DEATH  CAUSED  BY OR RESULTING FROM THE EMPLOYER'S
 NEGLIGENCE IN CONNECTION WITH THE EMPLOYER'S OR HIRING PARTY'S  HANDLING
 OF  MEASURES RELATED TO THE COVID-19 PANDEMIC SHALL BE DEEMED TO BE VOID
 AS AGAINST PUBLIC POLICY AND WHOLLY UNENFORCEABLE.
   2. THE PROVISIONS OF THIS SECTION SHALL NOT PRECLUDE  AN  EMPLOYER  OR
 HIRING  PARTY  FROM REQUIRING INDEMNIFICATION FOR DAMAGES ARISING OUT OF
 PERSONAL INJURY OR DEATH CAUSED BY OR RESULTING FROM THE NEGLIGENCE OF A
 PARTY OTHER THAN THE EMPLOYEE, INDEPENDENT CONTRACTOR AND INTERN, WHETH-
 ER OR NOT THE EMPLOYER OR HIRING PARTY IS PARTIALLY NEGLIGENT.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03363-01-1

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