On April 9, 2020, the New York Empire State Development Corporation (“ESD”) further updated its guidance for determining whether businesses are “essential” and therefore exempt from the in-person workforce restrictions established in Governor Cuomo’s March 20, 2020 “New York State on PAUSE” Executive Order (EO 202.8). hospitals. The mission of Empire State Development (“ESD”) is to promote a vigorous and growing state economy, encourage business investment and job creation, and support diverse, prosperous local economies across New York State through the efficient use of loans, grants, tax credits, real estate development, marketing and other forms of assistance. <9. To the extent a particular business or service is not contained within the updated guidance, it must apply or re-apply for an essential business designation, as the case may be. BY THE GOVERNOR . No later than 5 p.m. on March 19, 2020, Empire State Development Corporation shall issue guidance as to which businesses are determined to be essential. Andrew Cuomo issued a statewide order for all non-essential workers to stay home, Empire State Development has been fielding regular inquiries from individual businesses … Any other business activities being completed that are not essential are still subject to the restrictions provided by Executive Order 202. Click for PDF. Barbershops, hair salons, tattoo or piercing parlors and related person care services, including technicians, cosmetologists and estheticians, and the provision of electrolysis or laser hair removal services. The revised Guidance includes a number of significant changes. Businesses that were closed as … If their function is not listed below, businesses can submit a request to be deemed essential by applying to Empire State Development. Essential health care operations including. Sites that cannot maintain appropriate social distancing, as well as cleaning/disinfecting protocols must close. Businesses and entities that provide other essential services must implement rules that help facilitate social distancing of at least six feet. walk-in-care health clinics and facilities, home health care workers or aides for the elderly, nursing homes, residential health care facilities, or congregate care facilities, medical supplies and equipment manufacturers and providers, licensed substance abuse treatment providers, public and private utilities including but not limited to power generation, fuel supply, and transmission, commercial shipping vessels/ports and seaports, transportation infrastructure such as bus, rail, for-hire vehicles, garages, hotels, and other places of accommodation, food processing, manufacturing agents including all foods and beverages, sanitary products including personal care products regulated by the Food and Drug Administration (FDA), defense industry and the transportation infrastructure, grocery stores including all food and beverage stores, restaurants/bars (but only for take-out/delivery), hardware, appliance, and building material stores, trash and recycling collection, processing, and disposal, laundromats and other clothing/fabric cleaning services, automotive sales conducted remotely or electronically, with in-person vehicle return and delivery by appointment only, funeral homes, crematoriums and cemeteries, maintenance for the infrastructure of the facility or to maintain or safeguard materials or products therein, animal shelters and animal care including dog walking, animal boarding, homeless shelters and congregate care facilities, 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. Essential Businesses The following businesses are now considered essential. Jina Moon at +1 212 592 1584 or [email protected] Businesses are permitted to request “essential” status from ESD. Providers of basic necessities to economically disadvantaged populations including. Any large gathering or event venues, including but not limited to those that host concerts, conferences or other in-person performances or presentations in front of an in-person studio audience; Any dine-in or on-premise restaurant or bar service, excluding take-out or delivery; Any facility authorized to conduct video lottery or casino gaming; Any gym, fitness centers or exercise classes, except for remote or streaming services defined below; Any indoor common portions of retail shopping malls with 100,000 or more square feet of retail space for lease; All places of public amusement, whether indoor or outdoors, including but not limited to locations with amusement rides, carnivals, amusement parks, water parks, aquariums, zoos, arcades, fairs, children’s play centers, funplexes, theme parks, bowling alleys, family and children’s attractions; and. Andrew Cuomo issued a statewide order for all non-essential workers to stay home, Empire State Development has been fielding regular inquiries from individual businesses … Empire State Development (ESD) has created this FAQ to offer information to businesses regarding State regulations and general guidance related to the coronavirus. Innovative yet practical and responsive, we’re the trusted partner clients count on to help them solve real-world problems—locally, nationally and globally—and to proactively help prevent problems from happening in the first place. With respect to business 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 workforce reduction restrictions. Essential Business Guidance: March 25 Update . Jaspan Schlesinger LLP is one of Long Island’s oldest and largest full-service law firms. Empire State Development has a long list of industries and occupations that are considered to be "essential," and exempt from the mandate that all employees stay at home. As noted above, local governments, including municipalities and school districts, are allowed to continue construction projects at this time as government entities are exempt from these essential business restrictions. Yesterday, the Empire State Development Corporation (ESD) issued guidance for determining which businesses are essential and not subject to the 100-percent workforce reduction requirements. Silvia Stockman at +1 212 592 1583 or [email protected] All non-essential construction must safely shut down, except emergency construction, (e.g. 1. However, certain businesses are explicitly designated as non-essential, and are barred from requesting a designation. April 10, 2020. The following businesses are now considered essential. If the function of your business 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. According to the order, New York requires all non-essential construction to shut down , “except emergency construction, (e.g. Vendors that provide essential services or products, including logistics and technology support, child care and services including but not limited to: 14. EO 202.6 provided some detail about what qualifies as an “essential business,” with further guidance expected to be issued by the Empire State Development Corporation by 5:00 pm today, March 19, 2020. May an employer require a COVID-19 vaccine as a condition of employment? © 2020 Herrick, Feinstein LLP. a project necessary to protect health and safety of the occupants, or to continue a project if it would be unsafe to allow to remain undone, https://esd.ny.gov/sites/default/files/ESD_EssentialEmployerFAQ_033120.pdf, defense and national security-related operations supporting the U.S. Government or a contractor to the US government, law enforcement, including corrections and community supervision, emergency management and response, EMS and 911 dispatch, general maintenance whether employed by the entity directly or a vendor, any personnel necessary for online or distance learning or classes delivered via remote means, Breaking News: Governor Cuomo Extends Moratorium on Evictions Through August 20, 2020, Governor Cuomo Extends Stay-at-Home Order Through May 15 and Imposes Other Safety Measures, Breaking News: Governor Cuomo Extends Stay-at-Home Order through April 29th, Basic Legal Considerations for Construction Companies During the Coronavirus Pandemic, Breaking News: Certain Attorneys and Law Firms Permitted to Reopen Offices, New York Business Law and Commercial Litigation Blog, Recent Amendments to New York’s Power of Attorney Law, Staying Transparent, While Staying Apart: Public Bidding Best Practices in the COVID-19 Pandemic, Governor Cuomo Backs Mobile Sports Betting as New Source of Post-COVID Revenue, Lawmakers Leave No Stone Unturned in Effort to Generate Post-Covid Revenue. Walk-in-care … Empire State Development (ESD) Revises Exempt Businesses to Include Pawnbrokers as an Essential Business Posted on March 25, 2020 March 25, 2020 by 3clickmedia DOWNLOAD FULL PDF OF CLANY STATEMENT Businesses and entities that provide other essential services must implement rules that help facilitate social distancing of at least six feet. Essential health care operations for determining whether businesses are “essential” and therefore exempt from thein-person workforce restrictions established in Governor Cuomo’s March 20, 2020 “New York State on PAUSE” Executive Order (EO 202.8). This guidance is issued by the Empire State Development and applies to each business location individually. These include: Essential Businesses 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 Owners who think their businesses should be considered essential can request a designation from Empire State Development. Carol M. Goodman at +1 212 592 1465 or [email protected] The New York State Empire State Development Corporation (ESD) has updated the New York State guidance on businesses considered essential. Since Gov. This essential business guidance shall remain in effect for the regions and industries that are not yet within the reopening phases. According to the EEOC, generally yes, with important caveats. Hundreds of businesses across the state want to be designated "essential" so they can resume operating. The New York State Empire State Development Corporation (ESD) has updated the New York State guidance on businesses considered essential. 1. G I V E N under my hand and the Privy Seal of the State in the City of Albany this eighteenth day of March in the year two thousand twenty. Meaghan Roe at +1 212 592 1632 or [email protected] For purposes of Executive Order 202.6, “Essential Business,” shall mean businesses operating in or as: 1. This guidance is issued by the Empire State Development and applies to each business location individually. New York State is Here to Support Businesses with COVID-19-related Information and Resources COVID-19 Cluster Zones See if your business is within a cluster zone and learn about New York State… By: Caitlin A. Anderson and Hermes Fernandez. Enforcement will be conducted by state and local governments, including fines up to $10,000 per violation. New York State is supporting businesses as they adapt and respond to the economic impact of the pandemic. This Alert updates our March 20, 2020 Alert regarding NY Executive Order 202.6 (as modified by 202.7 and 202.8) directing all non-essential businesses to close in-office personnel functions, and the Empire State Development Corporation’s guidance concerning “essential” businesses or services exempt from this in-person workforce restriction. Was your business listed as nonessential? On April 9, 2020, the New York Empire State Development Corporation (“ESD”) further updated its guidance for determining whether businesses are “essential” and therefore exempt from the in-person workforce restrictions established in Governor Cuomo’s March 20, 2020 “New York State on PAUSE” Executive Order (EO 202.8). The Empire State Development Corporation updated its Essential Business Guidance last night. 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