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. BY THE GOVERNOR . 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). Empire State Development maintains a website with clear information and updates on what constitutes an essential business and how businesses can comply correctly. walk-in-care … 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. No other employees/personnel shall be permitted to work in-person at the business location/construction site. If their function is not listed below, businesses can submit a request to be deemed essential by applying to Empire State Development. 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 … empire state development corporation essential workers. research and laboratory services. 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. Businesses and entities that provide other essential services must implement rules that help facilitate social distancing of at least six feet. If a business is not listed among those that are essential, it must resubmit its application. There’s a route through Empire State Development to try to change that. 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 … 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. 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. Jina Moon at +1 212 592 1584 or [email protected] By: Caitlin A. Anderson and Hermes Fernandez. April 10, 2020. The issue then became how to interpret the term “essential business”—a task delegated to the Empire State Development Corporation (ESD). Click for PDF. Underlined businesses are new to the list. 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. 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. These include: Essential Businesses 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. Since Gov. April 10, 2020. All essential businesses must still attempt to implement social distancing within the workspace. Essential health care operations including. 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, but only to the point that it is safe to suspend work). Businesses that provide “essential services” are exempt from the workforce reduction. Click for PDF. Businesses and entities that provide other essential services must implement rules that help facilitate social distancing of at least six feet. This essential business guidance shall remain in effect for the regions and industries that are not yet within the reopening phases. Walk-in-care … Secretary to the Governor research and laboratory services; hospitals; walk-in-care health clinics and facilities; emergency veterinary, livestock medical services; senior/elder care; medical wholesale and distribution 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. Empire State Development Corporation Updates Guidance Regarding Definition of “Essential Businesses” Exempt From In-Person Workforce Reduction Requirements. 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. Businesses that were closed as … Since Gov. 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. Was your business listed as nonessential? 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. This memo identifies the changes. Carol M. Goodman at +1 212 592 1465 or [email protected] 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: If you have any questions on whether your business qualifies as essential or whether you should apply to the ESDC for an essential business designation, contact Jessica M. Baquet at (516) 393-8292 or jbaquet@jaspanllp.com, or Daniel E. Shapiro at (516) 393-8268 or dshapiro@jaspanllp.com. 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). 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 … The Empire State Development Corporation issued guidance late on March 19 about which businesses are determined to be essential. Jaspan Schlesinger LLP is one of Long Island’s oldest and largest full-service law firms. 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). Hundreds of businesses across the state want to be designated "essential" so they can resume operating. 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. 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. 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. 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.” The Empire State Development Corporation (ESDC) also issued Guidance on Executive Order 202.6. Vendors that provide essential services or products, including logistics and technology support, child care and services including but not limited to. Essential health care operations 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. 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. This guidance is issued by the Empire State Development and applies to each business location individually. May an employer require a COVID-19 vaccine as a condition of employment? © 2021 Herrick, Feinstein LLP, All Rights Reserved. 1. Providers of basic necessities to economically disadvantaged populations including, 11. Automotive sales - COVID-19 Guidance Issued by Empire State Development Corporation. <9. The Empire State Development Corp. is charged with releasing a full list of businesses by 5 p.m. Thursday, according to the order. Providers of basic necessities to economically disadvantaged populations including. 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). Essential health care operations including, 8. 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