Sponsored by:
Assemblyman BRIAN BERGEN
District 25 (Morris and Somerset)
SYNOPSIS
Provides civil immunity for employer for damages arising from employee’s injury or death related to exposure to coronavirus disease 2019 (“COVID-19”) during public health emergency and state of emergency declared by Governor in Executive Order 103 of 2020.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning immunity for employers for certain injuries or death incurred during public health emergency and state of emergency declared by the Governor in Executive Order 103 of 2020.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this act:
“Employer” means a person, firm, corporation, partnership, or sole proprietor, or any other entity that is actively engaged in a business, industry, profession, trade, or other enterprise in New Jersey, whether for profit or not for profit. “Employer” includes “public employer.”
"Public employer" means the State of New Jersey and any county, municipality, school district, or other political subdivision thereof, and any agency, authority, or instrumentality of the foregoing.
b. Notwithstanding the provisions of any law, rule, or regulation to the contrary, an employer shall not be liable to an employee for civil damages for injury or death related to an act or omission by the employer that allegedly resulted in the employee’s exposure to coronavirus disease 2019 (“COVID-19”) during the public health emergency and state of emergency declared by the Governor in Executive Order 103 of 2020. The immunity granted pursuant to this act shall not apply to acts or omissions constituting gross negligence, recklessness, or willful misconduct.
2. This act shall take effect immediately and shall expire upon rescission of Executive Order No. 103 of 2020 by the Governor.
STATEMENT
This bill would provide civil immunity for employers for damages arising from an employee’s injury or death related to exposure to coronavirus disease 2019 (“COVID-19”) during the public health emergency and state of emergency declared by the Governor in Executive Order 103 of 2020.
The bill provides that, notwithstanding the provisions of any law, rule, or regulation to the contrary, an employer would not be liable to an employee for civil damages for injury or death related to an act or omission by the employer that allegedly resulted in the employee’s exposure to coronavirus disease 2019 (“COVID-19”) during the public health emergency and state of emergency declared by the Governor in Executive Order 103 of 2020. The immunity granted pursuant to the bill would not apply to acts or omissions constituting gross negligence, recklessness, or willful misconduct.