New Executive Order Requires Reduction of In-Person Workforce by 75%

March 20, 2020

Governor Andrew Cuomo issued Executive Order 202.6 late on March 18th. Under the order, effective as of March 20th 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. This order does not apply to government entities, municipalities and public schools. This order requires every employer, unless exempted, to reduce its in-person workforce at any work locations by 50% by today, March 20th, at 8 p.m.

On March 19th, the Governor issued Executive Order 202.7. This order requires every employer, unless exempted, to reduce its in-person workforce at any work locations by 75% by tomorrow, Saturday, March 21, at 8 p.m.

The Empire State Development Corporation issued guidance late on March 19th about which businesses are determined to be essential. This guidance applies to each business location individually. It is intended to assist businesses in determining whether they are an essential business and steps to request such designation. With respect to businesses or entities that operate or provide both essential and non-essential services, supplies or support, only those lines and/or business operations that are necessary to support the essential services, supplies, or support are exempt from the restrictions.

For purposes of Executive Order 202.6, “Essential Business” means:

1. Essential health care operations including

research and laboratory services
hospitals
walk-in-care health facilities
veterinary and animal health services
elder care
medical wholesale and distribution
home health care workers or aides
doctor and dentist offices
nursing homes, or residential health care facilities or congregate care facilities
medical supplies and equipment providers

2. Essential infrastructure including

utilities including power generation, fuel supply and transmission
public water and wastewater
telecommunications and data centers
airports/airlines
transportation infrastructure such as bus, rail, or for-hire vehicles, garages

3. Essential manufacturing including

food processing, including all foods and beverages
chemicals
medical equipment/instruments
pharmaceuticals
safety and sanitary products
telecommunications
microelectronics/semi-conductor
agriculture/farms
paper products

4. Essential retail including

grocery stores including all food and beverage stores
pharmacies
convenience stores
farmer’s markets
gas stations
restaurants/bars (but only for take-out/delivery)
hardware and building material stores

5. Essential services including

trash and recycling collection, processing and disposal
mail and shipping services
laundromats/dry cleaning
building cleaning and maintenance
child care services
auto repair
warehouse/distribution and fulfillment
funeral homes, crematoriums and cemeteries
storage for essential businesses
animal shelters or animal care or management

6. News media

7. Financial Institutions including

banks
insurance
payroll
accounting

8. Providers of basic necessities to economically disadvantaged populations including

homeless shelters and congregate care facilities
food banks
human services providers whose function includes the direct care of patients in state-licensed or funded voluntary programs; the care, protection, custody and oversight of individuals both in the community and in state-licensed residential facilities; those operating community shelters and other critical human services agencies providing direct care or support

9. Construction including

skilled trades such as electricians, plumbers
other related construction firms and professionals for essential infrastructure or for emergency repair and safety purposes

10. Defense

defense and natural security-related operations supporting the U.S. Government or a contractor to the US government

11. Essential services necessary to maintain the safety, sanitation and essential operations of residences or other essential businesses including

law enforcement
fire prevention and response
building code enforcement
security
emergency management and response
building cleaners or janitors
general maintenance whether employed by the entity directly or a vendor
automotive repair
disinfection
doormen

12. 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 including

logistics
technology support
child care programs and services
government owned or leased buildings
essential government services

If your business function is not listed above, but you believe that it is essential or it is an entity providing essential services or functions, you may request designation as an essential business by applying to the Empire State Development Corporation.

BUSINESSES SHOULD ONLY REQUEST SUCH A DESIGNATION IF THEY ARE NOT COVERED BY THE GUIDANCE ABOVE.

To request designation as an essential business, please click here.

The attorneys at Bond, Schoeneck and King can help you determine if you are considered an essential business and apply to the Empire State Development Corporation for such a determination. Please contact the attorney at the firm with whom you are regularly in contact, or Hermes Fernandez at (518) 533-3209 or hfernandez@bsk.com or Caitlin Anderson at (518) 533-3234 or canderson@bsk.com.

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