Prohibits adverse employment action where an employee renders first aid or emergency treatment
Impact
Upon enactment, this bill would significantly strengthen the legal protections for those who choose to assist in emergency situations. By providing assurance that their jobs will not be jeopardized for acting in good faith to help others, the legislation aims to foster a more supportive environment for Good Samaritans. This could also lead to an increase in the number of people willing to intervene during emergencies, potentially saving more lives as a result.
Summary
Bill A10765 seeks to amend the public health law in New York by prohibiting adverse employment actions against employees who render first aid or emergency treatment to individuals in distress outside of conventional medical facilities. This legislation is designed to encourage bystanders to offer necessary assistance in emergencies without fear of reprisal from their employers. The bill stipulates that the only condition under which an employee could be penalized is if it can be proven that they acted with gross negligence while providing such assistance.
Contention
While the bill has received general support for its intentions, there may be concerns regarding the definition of 'gross negligence' and how it will be interpreted in practice. Critics might argue that the subjective nature of this standard could put employees at risk of facing disciplinary actions if employers disagree with their judgment during an emergency scenario. Additionally, there could be debates over whether this law sufficiently protects employees while simultaneously encouraging them to render aid.
Same As
Prohibits adverse employment action where an employee renders first aid or emergency treatment unless it is established that such employee was grossly negligent in providing such first aid or emergency treatment.
Prohibits adverse employment action where an employee renders first aid or emergency treatment unless it is established that such employee was grossly negligent in providing such first aid or emergency treatment.
Prohibits agreements between employers that directly restrict the current or future employment of any employee; allows for a cause of action against employers who engage in such agreements.
Authorizes education-related dual employment for employees of certain schools offering special education services; prohibits certain anti-competitive actions that would impact such schools.
Labor: fair employment practices; employer taking adverse employment action against an employee who raises concern over infection control; prohibit. Creates new act.