Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Brian J. Shoot Brian J. Shoot

Two authors recently averred in this publication that the First and Second Departments had split on the question of whether Labor Law §240, commonly but misleading known as the Scaffold Law, could apply when a worker was injured “while legitimately on a construction site” but while going to or coming from lunch or engaged in some similar activity. Megan E. Yllanes and Andrew L. Richards, First and Second Departments Differ on Issue of Workers Injured While on Break or Entering/Exiting a Construction Site, NYLJ (April 15, 2019). As they saw it, “injuries sustained by a worker who is not performing work duties or that occur outside regular working hours” were “protected by §240(1)” in the First Department. In “stark contrast,” they wrote, “[t]he Second Department has held that injuries sustained at a time when a worker is not performing work duties or occurs outside regular work hours are not protected by Labor Law §240(1).”

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at customercare@alm.com


Library of New York Civil Discovery FormsBook

Library of New York Civil Discovery Forms is a library of over 150+ sample documents and forms selected from Smart Litigator New York, a complete, affordable, NY-specific...

Get More Information

America's Claims Executive (ACE) 2020Event

ACE Leadership Forum & Expo is the annual conference for Senior Claims Executives in Insurance organizations.

Get More Information

Banking Litigation & Regulation Forum 2020Event

Delivers the key insights and practical solutions to acutely address the complex minefield of UK banking litigation & regulation.

Get More Information

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.