In addition to Jennifer Shoemaker, this post was authored with input from Paul Keneally and Alina Nadir.
As we’ve seen over the past week, many local governments are enacting social distancing measures in an attempt to slow the spread of the coronavirus (COVID-19).
Governor Cuomo announced that effective 3/22/20 at 8 PM all non-essential businesses are ordered to exercise, to the maximum extent possible, remote working procedures. Statewide, each employer providing a non-essential service must reduce their in-person workforce by 100% no later than the effective date and time. In addition, as of the same date and time, 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 distancing.”
Also, with respect to Notary Publics, any notarial act that is required under New York State Law is authorized to be performed utilizing audio-video technology. The details can be found here.
Businesses providing essential services are not subjected to a restriction of their in-person workforce. New York State defines essential businesses directly in the order as:
1. Essential Health Care Operations Including:
Research and laboratory services
Hospitals
Walk-in-care health facilities
Veterinary and animal health services
Elder care
Medical wholesale and distribution
Home health care workers or aides
Doctor and dentist offices
Nursing homes, or residential health care facilities or congregate care facilities
Medical supplies and equipment providers
2. Essential Infrastructure Including:
Utilities including power generation, fuel supply and transmission
Public water and wastewater
Telecommunications and data centers
Airports/airlines
Transportation infrastructure such as bus, rail, or for-hire vehicles, garages
3. Essential Manufacturing Including:
Food processing, including all foods and beverages
Chemicals
Medical equipment/instruments
Pharmaceuticals
Safety and sanitary products
Telecommunications
Microelectronics/semi-conductor
Agriculture/farms
Paper products
4. Essential Retail Including:
Grocery stores including all food and beverage stores
Pharmacies
Convenience stores
Farmer’s markets
Gas stations
Restaurants/bars (but only for take-out/delivery)
Hardware and building material stores
5. 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
Animal shelters or animal care or management
6. News Media
7. Financial Institutions Including:
Banks
Insurance
Payroll
Accounting
8. Providers of Basic Necessities to Economically Disadvantaged Populations Including:
Homeless shelters and congregate care facilities
Food banks
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
9. Construction Including:
Skilled trades such as electricians, plumbers
Other related construction firms and professionals for essential infrastructure or for emergency repair and safety purposes
10. Defense
Defense and natural security-related operations supporting the U.S. Government or a contractor to the US government
11. Essential Services Necessary to Maintain the Safety, Sanitation and Essential Operations of Residences or Other Essential Businesses Including:
Law enforcement
Fire prevention and response
Building code enforcement
Security
Emergency management and response
Building cleaners or janitors
General maintenance whether employed by the entity directly or a vendor
Automotive repair
Disinfection
Doormen
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 Including:
Logistics
Technology support
Child care programs and services
Government owned or leased buildings
Essential government services
To read the entire order: https://www.governor.ny.gov/news/no-2027-continuing-temporary-suspension-and-modification-laws-relating-disaster-emergency
If you think your business provides an essential service and is not included in the list above, click here to file a waiver with the Empire State Development Corporation.
If you have any questions, please contact us here or at 585-258-2800.
You can view more COVID-19-related posts in our COVID-19 Resource Area here.