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A00390 Summary:

BILL NOA00390
 
SAME ASSAME AS S00128
 
SPONSORBraunstein
 
COSPNSRSimon
 
MLTSPNSR
 
Add 5-322.4, Gen Ob L
 
Declares agreements exempting employers from liability for negligence related to the COVID-19 pandemic void and unenforceable.
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A00390 Actions:

BILL NOA00390
 
01/06/2021referred to judiciary
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A00390 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A390
 
SPONSOR: Braunstein
  TITLE OF BILL: 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   PURPOSE: To ensure that employers will still take the necessary steps to protect their employees from the COVID-19 pandemic even if they have a signed waiver of liability   SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill amends the general obligations by adding a new section 5-322.4 Subsection 1 declares that any agreements which exempt employers from liability for negligence related to the COVID-19 pandemic are void and unenforceable. Subsection 2 allows the employer to seek damages from a third party, if that third party is wholly or partially responsible for the negligence.   JUSTIFICATION: As New York businesses begin to re-open, some businesses are requiring their workers to sign waivers of liability in order to return to work. Such a waiver should not be a license for businesses to neglect their employee's safety and operate recklessly with regards to the COVID-19 pandemic. This legislation allows for employers who neglect to properly protect their employees to still be liable for damages. Businesses should still be taking care to operate in a safe and sensible way that protects their workers from the COVID-19 pandemic.   PRIOR LEGISLATIVE HISTORY: 2020: A.10838/S.8587 - Referred to Judiciary.   FISCAL IMPACT ON THE STATE: None.   EFFECTIVE DATE: This act shall take effect immediately.
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A00390 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           390
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (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:
 
     1    Section  1.  The  general  obligations  law is amended by adding a new
     2  section 5-322.4 to read as follows:
     3    § 5-322.4. Agreements exempting employers from  liability  for  negli-
     4  gence  related  to  the COVID-19 pandemic void and unenforceable. 1. Any
     5  provision in any contract, agreement or understanding  relating  to  the
     6  employment, hiring or retaining of the services of any person, including
     7  but  not limited to employees, independent contractors and interns, that
     8  exempts the employer or hiring party  from  liability  for  damages  for
     9  personal  injury  or  death  caused  by or resulting from the employer's
    10  negligence in connection with the employer's or hiring party's  handling
    11  of  measures related to the COVID-19 pandemic shall be deemed to be void
    12  as against public policy and wholly unenforceable.
    13    2. The provisions of this section shall not preclude  an  employer  or
    14  hiring  party  from requiring indemnification for damages arising out of
    15  personal injury or death caused by or resulting from the negligence of a
    16  party other than the employee, independent contractor and intern, wheth-
    17  er or not the employer or hiring party is partially negligent.
    18    § 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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