NY State Senate Bill 2019-S8800

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

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Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 17, 2020	referred to rules

co-Sponsors

2019-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
Versions Introduced in 2021-2022 Legislative Session:: S2560, A4102

2019-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.

2019-S8800 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8800               Revised 7/24/2020

SPONSOR: JORDAN
 
TITLE OF BILL:

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

 
SUMMARY OF PROVISIONS:

Section 1 provides that the act shall be known as the "Get New York Back
to Work Act".

Section 2 amends the labor law to establish definitions and provides
that no individual, business trust, legal representative, corporation,
company, association, firm, partnership, society, joint stock company,
university, school, not-for-profit, religious organization, or any
organized group of such entities shall be liable in any civil action for
the spread or possible transmission of COVID-19 caused by an act or
omission of such person acting in good faith in the workplace. Addi-
tionally, this section provides that such liability protection shall not

apply if such entities cause the spread of COVID-19 and serious bodily
harm by willful or criminal misconduct, reckless misconduct, gross
negligence, or a flagrant indifference to human welfare.

Section 3 establishes the effective date.

 
JUSTIFICATION:

In addition to its effects on public health, the outbreak of the COVID-
19 pandemic has had a devastating impact on the economy of New York
State. While businesses have begun to reopen, there is a significant gap
in the protections afforded to both employer and employee while the
economy gets back on its feet: a lack of protection against liability
for the transmission of COVID-19.

New Yorkers who act in good faith should not be subjected to lawsuits or
the threat of a lawsuit for the simple act of trying to provide for
themselves or their families. This bill will ensure that employers or
employees in the workplace who act in good faith, which the bill defines
as making reasonable efforts to act in compliance with applicable public
health guidelines or industry standards and guidance, are not held
unreasonably accountable in civil court for the potential spread of
COVID-19. This bill also includes language that ensures that these
protections do not cover those who willfully or negligently were respon-
sible for the spread of this deadly pandemic.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
On the thirtieth day after it shall have become law.

2019-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.

                                                            LBD16969-04-0

 S. 8800                             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.

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Senate Bill S8800

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Sponsored By

Daphne Jordan