Business Restrictions set by Executive Order

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Lat last evening, Governor Cuomo issued an Executive Order including the following provisions:

  • The provisions of Executive Order 202.6 requiring in-person work environment restrictions are modified as follows: Effective March 21, 2020 at 8 p.m. and until further notice all businesses and not-for-profit entities in the state shall utilize, to the maximum extent possible, any telecommuting or work from home procedures that they can safely utilize. Each employer shall reduce the in-person workforce at any work locations by 75% no later than March 21 at 8 p.m. Any essential business or entity providing essential services or functions shall not be subject to the in-person restrictions.
  • Effective March 21, 2020 at 8 p.m. and until further notice, all barbershops, hair salons, tattoo or piercing parlors and related personal care services will be closed to members of the public. This shall also include nail technicians, cosmetologists and estheticians, and the provision of electrolysis, laser hair removal services, as these services cannot be provided while maintaining social distance.

The Executive Order also provides for notary services to be performed using audio-visual activity. Access the Executive Order here:

The Empire State Development Corp issued guidance regarding the Executive Orders restricting attendance of employees at non-essential businesses. It provided the following background on the requirement:

On March 18, 2020, Executive Order 202.6 (or as revised) directed that all businesses and not-for-profit entities in New York State, shall utilize, to the maximum extent possible, any telecommuting or work from home procedures that they can safely utilize.

It is directed that, no later than March 20, 2020 at 8 p.m., each for-profit or not-for profit employer (excluding state and local governments and authorities) shall reduce the in-person workforce at each business/work location by 75% from pre-state of emergency declaration employment levels.

ESSENTIAL BUSINESSES OR ENTITIES, including any for profit or non-profit, regardless of the nature of the service, the function they perform, or its corporate or entity structure, are not subject to the in-person restriction. (Essential Businesses must continue to comply with the guidance and directives for maintaining a clean and safe work environment issued by the Department of Health).

Access the Guidance here:

With Executive Orders suspending rules during the outbreak being issued every day, Politico has published a useful summary. Here is an excerpt covering business and labor rules. If you are interested in the full list, please let us know and/or visit our website.

— The one-week waiting period for qualifying for unemployment insurance has been waived for all applicants whose need “arises directly out of closings of schools or other workplaces in which claimants were employed, or out of claimants’ isolation or quarantine in connection with COVID-19.”
— Corporate boards previously needed the unanimous consent of their members to make decisions without holding a meeting. That requirement has been put on hold, letting more decision-making occur remotely.
— The hearings that are required when utility companies decide to raise rates or close customer service centers can now be held by conference call.
Public comments on the proposed siting of facilities for utility transmission and electric generation no longer need to be in person; written comments will suffice.
— Various limits on what kinds of vehicles can be on New York roads are being suspended, to let those “validly registered in other jurisdictions” participate in preparedness and response efforts.
— Restaurants and bars might no longer be allowed to serve patrons on their premises. But they’re now allowed to deliver alcoholic beverages or serve them to-go.

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