NY Lawmakers Consider Bill to Void COVID Employment Liability Agreements
The measure, sponsored by state Sen. John Liu, was looked at Monday as lawmakers in the Legislature's upper chamber held a series of committee meetings conducted via video feed.
July 20, 2020 at 05:09 PM
3 minute read
New York state lawmakers are considering legislation that aims to void employment agreements that exempt employers from liability over negligence tied to the coronavirus pandemic.
The measure, sponsored by state Sen. John Liu, D-Queens, was looked at Monday as lawmakers in the Legislature's upper chamber held a series of committee meetings conducted via video feed. The meetings come ahead of a state Senate floor session scheduled for Tuesday.
The legislation would void any employment agreements that exempt an employer from liability for personal injury damages due to the employer's negligence over the "handling of measures related to the COVID-19 pandemic." It still needs to pass both chambers before becoming law.
A legislative memorandum argues that companies should be taking care of operating in a safe way that protects their workers from the coronavirus pandemic.
"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," according to the memorandum in support. "Such a waiver should not be a license for businesses to neglect their employee's safety and operate recklessly with regards to the COVID19 pandemic."
It remained unclear Monday whether New York lawmakers will repeal an immunity law that gave hospitals and nursing homes cover from potential lawsuits tied to the coronavirus crisis. The law, which was buried in a state budget bill, quietly passed without fanfare this spring.
The immunity provision does not cover gross negligence or reckless misconduct, but the law says those definitions do not apply to "decisions resulting from a resource or staffing shortage."
Recent campaign finance filings show health care interests funneled hundreds of thousands of dollars to political committees and state campaigns in the months before and after politicians passed the measure.
A host of bills are up for consideration by lawmakers overall, including one that takes aim at "unreasonable" tenant fees for the reproduction of keys. The legislation is sponsored by state Sen. Leroy Comrie.
Under the bill, landlords would be prevented from charging tenants more than 110% of the cost for the reproduction of keys.
A memorandum in support of the legislation says price gouging can be a "very expensive punishment" for tenants who need keys reproduced.
The rule will not apply if a tenant needs to reproduce keys more than three times in a calendar year for a single dwelling, the legislation stipulates.
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