The State of New York has issued important guidance on determining whether a business is subject to mandatory workforce reductions under the Governor’s Executive Order.
Governor Cuomo declared an Executive Order directing all businesses and not-for-profit entities in New York State, to reduce in-person workforce by 75% from pre-state of emergency declaration employment levels. A revised Executive Order is expected to increase to 100% workforce reduction in the By Sunday March 29th at 8PM. However, businesses deemed “Essential” are not subject to this in-person restriction.
DO YOU HAVE AN ESSENTIAL BUSINESS?
While Essential Businesses must continue to comply with all Department of Health guidance and requirements for maintaining a clean and safe work environment, they ARE NOT subject to in-person restrictions. The New York State Department of Economic Development (Empire State Development) has published basic guidelines to help determine whether a business is considered essential. The Department of Economic Development has also listed the appropriate steps for businesses to take if they are unsure if they are deemed essential.
For the 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 national 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
For local businesses not listed: if you believe that your business is essential or an entity providing essential services or functions, you may request designation as an essential business.
To request designation as an essential business, please click here.
Restrictions on requesting designation as an essential business:
- Any business that only has a single occupant/employee (i.e. gas station) has been deemed exempt and need not submit a request to be designated as an essential business.
- Businesses ordered to close on Monday, March 15, 2020 under the restrictions on any gathering with 500 or more participants, including but not limited to, bars, restaurants, gyms, movie theaters, casinos, auditoriums, concerts, conferences, worship services, sporting events, and physical fitness centers, are presumed to be compliant with NYS issued restrictions and must remain closed and are not eligible for designation as an essential business for purposes of this guidance.
IMPORTANT LINKS FOR LOCAL BUSINESSES AND RESIDENTS
- For more information regarding the proper cleaning and disinfection of facilities, refer to the New York State Department of Health Interim Guidance for Cleaning and Disinfection of Public and
- Private Facilities for COVID -19
- For further information: New York State Department of Health’s COVID-19 Webpage Center for Disease Control and Prevention Webpage:
- Suffolk County Department of Health
- View the Governor’s Executive Order here.