S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10887
 
                           I N  A S S E M B L Y
 
                               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:
 
   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.
              

                                                            LBD16969-04-0

 A. 10887                            2
 
   3.  SUBDIVISION TWO OF THIS SECTION SHALL NOT APPLY IF HARM TO ANOTHER
 INDIVIDUAL IS SHOWN, BY CLEAR AND CONVINCING EVIDENCE, TO BE  CAUSED  BY
 AN ACT OR OMISSION CONSTITUTING WILLFUL OR CRIMINAL MISCONDUCT, RECKLESS
 MISCONDUCT,  GROSS  NEGLIGENCE,  OR A CONSCIOUS FLAGRANT INDIFFERENCE TO
 THE  RIGHTS  OR  SAFETY OF THE INDIVIDUAL HARMED BY SUCH COVERED ENTITY.
 FOR PURPOSES OF THIS SECTION, INFECTION WITH COVID-19 SHALL NOT  BE  THE
 BASIS  FOR DAMAGES ARISING FROM BODILY INJURY, EXCEPT TO THE EXTENT THAT
 SUCH INJURY IS SERIOUS BODILY INJURY.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.