STATE OF NEW YORK
June 16, 2020
Introduced by Sen. LIU -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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.