The COVID Project
The record
- Jurisdiction
- New York (Supreme Court of the State of New York, New York County) · New York
- Level
- State
- Authority
- N.Y. Exec. Law § 63(12); N.Y. Labor Law §§ 200, 215, 740
- Issued
- 2021-02-16 Feb. 16, 2021
- Effective
- 2021-02-16 (filed) (read as 2021-02-16)
- End
- not applicable (read as 2021-03-31)
- In force
- Feb. 16, 2021 to Mar. 31, 2021
- Quarters
- 2021 Q1
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Workplace rulesStanding duty
- Addressees
- employers (pleaded against Amazon; stated as the duty of every New York employer)
- Character
- litigation filing
- Collection
- Standing duties: New York DUT-NY
Operative words
New York Labor Law § 200 requires employers to provide reasonable and adequate protection to the lives, health, and safety of their employees. During the coronavirus pandemic, public health agencies have issued guidance that establishes the measures employers should institute to protect their employees from the virus and to satisfy their obligations under Labor Law § 200.
Penalty
Relief sought under Exec. Law § 63(12) and Labor Law §§ 200, 215 and 740 (injunction, restitution, damages, civil penalties)
What it required
The Attorney General's formal statement, in a verified pleading on behalf of the People, that Labor Law § 200 is the standing duty and that the public-health guidance 'establishes the measures employers should institute... to satisfy their obligations under Labor Law § 200'; the complaint pleads that 'From March 1, 2020 continuing through the present, Amazon has failed and continues to fail to provide reasonable and adequate protection to the lives, health, and safety of its employees' (¶ 112) and recites chapter 23 of 2020, EO 202, EO 202.6 and EO 202.8 as the governing directives (¶¶ 25-27). Character as recorded: litigation_filing (party pleading or brief; workplace_duty layer).
Retrieval noteThe Attorney General's own copy of the filed complaint (31 pages, NYSCEF header 'FILED: NEW YORK COUNTY CLERK 02/16/2021'). A complaint is the Attorney General's litigating statement of the law, not a holding; the later procedural history of the action (the Attorney General's April 23, 2021 release notes the federal court's remand of Amazon's parallel suit to State court) was not read in this session. The index number is recorded as the text layer prints it.