Governor Cuomo Issues Executive Order 202.6 to Reduce In-Person Workforce by 50%

March 19, 2020

New York Governor Andrew Cuomo issued Executive Order 202.6 late on March 18. Under the order, effective as of March 20 at 8 p.m., all businesses and not-for-profit entities are to use any telecommuting or work from home procedures that they can safely utilize to the maximum extent possible.

Most importantly, unless excepted, each employer is to reduce the in-person workforce at any work locations by 50% by tomorrow, Friday, March 20, at 8 p.m.

Essential businesses and services are not subject to the in-person restrictions. Essential businesses and services are listed as:

Health care operations including research and laboratory services;
Essential infrastructure including utilities, telecommunication, airports and transportation infrastructure;
Essential manufacturing, including food processing and pharmaceuticals;
Essential retail including grocery stores and pharmacies;
Essential services including trash collection, mail and shipping services;
News media;
Banks and related financial institutions;
Providers of basic necessities to economically disadvantaged populations;
Construction;
Vendors of essential services necessary to maintain the safety, sanitation and essential operations of residences or other essential businesses; and
Vendors that provide essential services or products, including logistics and technology support, child care and services needed to ensure the continuing operation of government agencies and provide for the health, safety and welfare of the public.

The Empire State Development Corporation is to issue guidance by 5 p.m. today about which businesses are determined to be essential. Any business that may not fall within one of the specific listed exemptions can request an opinion from the ESDC, which will review and grant the request if it determines that it is in the best interest of the state.

If you have questions or if you need assistance with making a request to the ESDC to be considered essential, contact the Bond attorney you work with. If you don’t have a Bond attorney, contact: Paul Avery in Buffalo; Jennifer Boll or Hermes Fernandez in Albany; Tom Eron, Robert Kirchner, Rod McDonald or Jeff Scheer in Syracuse; Jen Schwartzott or Gail Norris in Rochester; Greg Reilly in New York City.

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