NY A10887

Employers and employees are shielded from civil liability for COVID-19 transmission in the workplace if they acted in good faith by following federal, state, or local public health guidance or professional industry standards.

The liability protection does not apply if harm is caused by willful or criminal misconduct, reckless misconduct, gross negligence, or conscious flagrant indifference to individual safety, proven by clear and convincing evidence.

COVID-19 infection alone cannot be the basis for damages unless it results in serious bodily injury, defined as death, hospitalization of at least 48 hours, permanent bodily function impairment, or permanent body structure damage.

The liability protection applies to a broad range of covered entities including individuals, businesses, corporations, partnerships, schools, universities, not-for-profit organizations, and religious organizations.

The act takes effect 30 days after becoming law.