3-21-20 Latest Update on Governor Cuomo’s Executive Order – 100 % of non-essential workforce must work from home
WOODS OVIATT GILMAN LLP CORONAVIRUS (COVID-19) CLIENT ALERT
Update on Governor Cuomo’s Executive Order – 100 % of non-essential workforce must work from home
Governor Cuomo has issued Executive Order 202.8, referenced in our prior alert, requiring all of the workforce in non-essential businesses or entities to work from home, effective Sunday, March 22, at 8 p.m.
Essential businesses and entities are not subject to the restrictions. 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 restrictions.
The State’s guidance with respect to the definition of essential business, found at https://esd.ny.gov/guidance-executive-order-2026, has been amended to provide additional clarification. Essential business now specifically includes the following:
1. Hotels and places of accommodation
2. Manufacturing agents
3. Services related to financial markets
Some categories have been limited or removed from the definition of essential business, including the following:
1. Dental and veterinary services are now limited to emergency services.
2. Animal care or management is removed.
3. Manufacturing of paper products is now limited to “household” paper products.
4. Dry cleaning is removed.
5. Technology support is now limited to support for online services.
The Executive Order provides that any business violating this provision will be subject to the enforcement mechanisms set forth in Section 12 of the Public Health Law, which provides for a civil penalty not to exceed $2,000 for each violation. However, at least until April 1, 2020, the civil penalty may increase to an amount not to exceed $5,000 in the case of a repeat violation which represents a serious threat to the health and safety of an individual, or $10,000 in the case of a violation which results in serious physical harm to a patient. The section further authorizes the attorney general to bring an action for injunctive relief to stop a violation.
We will continue to monitor the State’s guidance and are available to answer your questions regarding these issues. Businesses and entities not specifically covered by the guidance may continue request designation as an essential business by submitting a request to the Empire State Development Corporation. Applications may be submitted by email to covid19designations@esd.ny.gov.
