The following are now considered “essential” and are thus exempt from the workforce reduction Order, which is still in effect in a number of regions: For those regions that are not yet permitted to re-open (including New York City and Long Island), this guidance will remain in effect, at least until the PAUSE Order expires on May 28. Notably, these guidelines apply to all businesses – including those that have remained open because they were deemed essential under the ESD guidance. Businesses in those regions that satisfied certain criteria were permitted to enter phase one of the re-opening process on May 15, provided that they adhered to certain guidelines. In addition, all businesses – including those deemed essential – must comply with the Department of Health’s (DOH) guidance for maintaining a clean and safe environment and are strongly encouraged to maintain social distancing to the greatest extent possible.Īs discussed in a separate post, the Governor recently announced a phased approach to re-opening New York businesses on a regional level. These orders, which we addressed in a previous post, require that only businesses and not-for-profit entities deemed essential (or that provide essential services) utilize an in-person workforce, and only to the extent necessary to support or provide such essential business or service. On April 9, 2020, Empire State Development (“ESD”) released guidance for determining whether a business or service is “essential” under a series of executive orders issued by New York Governor Andrew Cuomo.
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