Late yesterday, Thursday March 19, 2020, Empire State Development Corporation (“ESD”) released the guidance required by Governor Cuomo’s Executive Order 202.6 that further defines and specifies whether a business is subject to the 75% workforce reduction imposed by the Governor.
Executive Order 202.6 required that, no later than March 20, 2020 at 8 p.m., all for-profit or not-for-profit employers (excluding state and local governments and authorities) must reduce their in-person workforce at each location by 75% from pre-state of emergency declaration employment levels. This has since been modified by Executive Order 202.7 to be effective March 21, 2020 at 8 p.m.
Pursuant to the new guidance, the following businesses are essential and exempt from the restriction:
1. Essential health care operations
2. Essential infrastructure
3. Essential manufacturing
4. Essential retail
5. Essential services
6. News media
7. Financial Institutions including
8. Providers of basic necessities to economically disadvantaged populations including
9. Construction including
10. Defense
11. Essential services necessary to maintain the safety, sanitation and essential operations of residences or
other essential businesses including
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.