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. Silvia Stockman at +1 212 592 1583 or [email protected] 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. Secretary to the Governor Sites that cannot maintain appropriate social distancing, as well as cleaning/disinfecting protocols must close. 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. Meaghan Roe at +1 212 592 1632 or [email protected] Construction may continue solely with respect to those employees that must be present at the business location/construction site in support of essential business activities. Any other business activities being completed that are not essential are still subject to the restrictions provided by Executive Order 202. 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. According to the EEOC, generally yes, with important caveats. Essential health care operations including. Essential health care operations Essential health care operations including. 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. If a business is not listed among those that are essential, it must resubmit its application. For Guidance on 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 at: https://coronavirus.health.ny.gov/system/files/documents/2020/03/cleaning_guidance_general_building.pdf, For further information: New York State Department of Health’s COVID-19 Webpage: https://coronavirus.health.ny.gov/home, Center for Disease Control and Prevention Webpage: https://www.cdc.gov/coronavirus/2019-ncov/, Local health department contact information can be found at: https://www.health.ny.gov/contact/contact_information/index.htm, For more information on this issue or other employment matters, please contact: Empire State Development (ESD) is the umbrella organization for New York's two principal economic development public-benefit corporations, the New York State Urban Development Corporation (UDC) and the New York Job Development Authority (JDA). https://coronavirus.health.ny.gov/system/files/documents/2020/03/cleaning_guidance_general_building.pdf, https://www.cdc.gov/coronavirus/2019-ncov/, https://www.health.ny.gov/contact/contact_information/index.htm, Workplace Anti-Harassment and Anti-Discrimination Training & Internal Investigations, walk-in-care health clinics and facilities, home health care workers or aides for the elderly, nursing homes, or 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, food processing, manufacturing agents, including all foods and beverages, sanitary products including personal care products regulated by the Food and Drug Administration, 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, funeral homes, crematoriums and cemeteries, maintenance for the infrastructure of the facility or to maintain or safeguard materials or products therein, 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, skilled trades such as electricians, plumbers, other related construction firms and professionals for essential infrastructure or for emergency repair and safety purposes, 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 on-line or distance learning or classes delivered via remote means. According to New York state guidelines, there are 14 categories of essential businesses: Essential Business Guidance: March 25 Update . A recent addition to the COVID-19 guidance issued by the Empire State Development Corporation provides that essential services include “automotive sales conducted remotely or electronically, with in-person vehicle return and delivery by appointment only.” Underlined businesses are new to the list. However, to the greatest extent possible, local governments should postpone any non-essential projects and only proceed with essential projects when they can implement appropriate social distancing and cleaning/disinfecting protocols. Essential health care operations, including: Doctor's and emergency dental offices. Empire State Development Corporation Updates Guidance Regarding Definition of “Essential Businesses” Exempt From In-Person Workforce Reduction Requirements. Providers of basic necessities to economically disadvantaged populations including, 11. The information is not intended as legal advice or legal opinion and should not be construed as such. hospitals. Any business or entity that qualifies as “essential” or that provides “essential services or functions” is exempt from the in-person restrictions. The state has outlined what types of businesses are essential.In the spring, though, some had to apply to Empire State Development for essential status. 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. By: Caitlin A. Anderson and Hermes Fernandez. © 2021 Herrick, Feinstein LLP, All Rights Reserved. Essential construction may proceed, to the extent that: At every site, it is required that the personnel working on the site maintain an appropriate social distance, including for purposes of elevators/meals/entry and exits. 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. 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… Click for PDF. The following businesses are now considered essential. 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 Empire State Development (ESD) has created this FAQ to offer information to businesses regarding State regulations and general guidance related to the coronavirus. 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. The New York State Empire State Development Corporation (ESD) has updated the New York State guidance on businesses considered essential. All essential businesses must still attempt to implement social distancing within the workspace. March 25, 2020. The mission of Empire State Development 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. According to the order, New York requires all non-essential construction to shut down , “except emergency construction, (e.g. There’s a route through Empire State Development to try to change that. walk-in-care … The Empire State Development Corporation issued guidance late on March 19 about which businesses are determined to be essential. The issue then became how to interpret the term “essential business”—a task delegated to the Empire State Development Corporation (ESD). Essential Businesses The following businesses are now considered essential. Herrick, Feinstein LLP is pleased to announce the expansion of the Firm with the addition of seven lawyers with a focus on cooperatives and condominiums. Empire State Development, the state's primary business-aid agency, decides whether a business i This essential business guidance shall remain in effect for the regions and industries that are not yet within the reopening phases. 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. The Empire State Development Corporation (ESDC) also issued Guidance on Executive Order 202.6. The New York Empire State Development Corporation (“ESDC”) previously issued guidance establishing the categories of businesses and industries that are considered “essential” under Executive Order 202.8. Businesses and entities that provide other essential services must implement rules that help facilitate social distancing of at least six feet. 1. Businesses are permitted to request “essential” status from ESD. 1. Essential health care operations including, 8. May an employer require a COVID-19 vaccine as a condition of employment? Providers of basic necessities to economically disadvantaged populations including. This guidance is issued by the Empire State Development and applies to each business location individually. 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. Essential projects should be considered those that have a nexus to health and safety of the building occupants or to support the broader essential services that are required to fulfill the critical operations of government or the emergency response to the COVID-19 public health crisis. Empire State Development Guidance . 5. Owners who think their businesses should be considered essential can request a designation from Empire State Development. research and laboratory services; hospitals <9. 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. 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). Click here to view our prior Alert. The Empire State Development Corporation updated its Essential Business Guidance last night. Since Gov. The order also says any business can be deemed essential after requesting an opinion from Empire State Development, New York’s lead economic development … 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). However, certain businesses are explicitly designated as non-essential, and are barred from requesting a designation. This afternoon, the Empire State Development Corporation (ESDC) issued updated guidance about which businesses are “essential” and, therefore, exempt from Governor Cuomo’s stay-at home Executive Orders 202.6, 202.7, 202.8 and 202.14. The mission of Empire State Development 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. Heather M. Zimmer at +1 212 592 1477 or [email protected]. This guidance is issued by the Empire State Development and applies to each business location individually. No other employees/personnel shall be permitted to work in-person at the business location/construction site. 11. Professional services with extensive restrictions, The ESDC’s updated guidance expands the types of businesses considered to be essential in some respects, and limits the operation of other businesses that were previously designated essential. research and laboratory services. Jina Moon at +1 212 592 1584 or [email protected] Specifically, for purposes of Executive Order 202.6, essential businesses, include: 1. Empire State Development maintains a website with clear information and updates on what constitutes an essential business and how businesses can comply correctly. New York State is supporting businesses as they adapt and respond to the economic impact of the pandemic. Essential services necessary to maintain the safety, sanitation and essential operations of residences or other businesses including, 12. 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). The Empire State Development Corp. is charged with releasing a full list of businesses by 5 p.m. Thursday, according to the order. Essential health care operations including: 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. With guidance on business opening and operations, the emergence and effect of COVID-19 cluster zones, funding and other informational resources, the state is working to help businesses … 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. Vendors that provide essential services or products, including logistics and technology support, child care and services including but not limited to: 14. Restrictions on Future Essential Business Designation Applications. Businesses and entities that provide other essential services must implement rules that help facilitate social distancing of at least six feet. 13 grudnia 2020 Essential health care operations including. 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. 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. These include: Essential Businesses This memo identifies the changes. research and laboratory services; hospitals; walk-in-care health clinics and facilities; emergency veterinary, livestock medical services; senior/elder care; medical wholesale and distribution Enforcement will be conducted by state and local governments, including fines up to $10,000 per violation. Construction News. The New York State Department of Economic Development (DED) is a department of the New York government that has been operationally merged … On April 9, 2020, the New York Empire State Development Corporation(“ESD”) further updated its guidance. Essential health care operations including, 8. shut down, except emergency construction, (e.g. The Empire State Development Corporation has issued updated guidance in an effort to clarify which businesses or services qualify as “essential.” Essential businesses include the following: 1. Businesses that provide “essential services” are exempt from the workforce reduction. empire state development corporation essential workers. Requests by businesses to be designated an essential function as described above, should only be made if they are NOT covered by the guidance. If their function is not listed below, businesses can submit a request to be deemed essential by applying to Empire State Development. 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. April 10, 2020. 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 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 … Vendors that provide essential services or products, including logistics and technology support, child care and services including but not limited to. Following Governor Cuomo’s directive, on March 19, the ESD initially issued guidance for determining which businesses are essential and not subject to the 100-percent workforce reduction requirements. Essential services necessary to maintain the safety, sanitation and essential operations of residences or other businesses including. For purposes of Executive Order 202.6, “Essential Business,” shall mean businesses operating in or as: 1. Hundreds of businesses across the state want to be designated "essential" so they can resume operating. Jared D. Newman at +1 212 592 5957 or [email protected] 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. © 2020 Herrick, Feinstein LLP. The Empire State Development Corporation issued guidance late on March 19 about which businesses are determined to be essential. This alert is provided by Herrick, Feinstein LLP to keep its clients and other interested parties informed of current legal developments that may affect or otherwise be of interest to them. After notifying the New York State Association of Realtors in an email on Wednesday that home showings were considered “essential business,” Empire State Development Corporation … Businesses that were closed as … Since Gov. 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 … 12. 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. The revised Guidance includes a number of significant changes. Walk-in-care … Was your business listed as nonessential? Jaspan Schlesinger LLP is one of Long Island’s oldest and largest full-service law firms. 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. 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