In our earlier post: Gov. Cuomo Requires Non-Essential Businesses to Reduce In-Person Workforce by 100% we provided the list of businesses the state deemed essential at the time.
On March 27, 2020, Empire State Development issued updated guidance under Executive Order 202.6 for business and not for profit entities to determine whether they are an “Essential Business“. The additions and changes to the prior guidance are below in blue:
1. Essential Health Care
Research and laboratory services
Hospitals
Walk-in-care health clinics and facilities
Emergency veterinary, livestock services
Senior/elder care
Medical wholesale and distribution
Home health care workers or aides for the elderly
Doctor and emergency dental
Nursing homes, or residential health care facilities or congregate care facilities
Medical supplies and equipment manufacturers and providers
Licensed mental health providers
Licensed substance abuse treatment providers
Medical billing support personnel
2. Essential Infrastructure
Public and private utilities including but not limited to power generation, fuel supply and transmission
Public water and wastewater
Telecommunications and data centers
Airports/airlines
Commercial shipping vessels/ports and seaports
Transportation infrastructure such as bus, rail, for-hire vehicles, garages
Hotels and places of accommodation
3. Essential Manufacturing
Food processing, manufacturing agents, including all foods and beverages
Chemicals
Medical equipment/instruments
Pharmaceuticals
Sanitary products including personal care products regulated by the Food and Drug Administration
Telecommunications
Microelectronics/semi-conductor
Food-producing agriculture/farms
Household paper products
Defense industry and the transportation infrastructure
4. Essential Retail
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, appliance and building material stores
Pet food
5. Essential Services
Trash and recycling collection, processing and disposal
Mail and shipping services
Laundromats and other clothing/fabric cleaning services
Building cleaning and maintenance
Child care services
Bicycle repair
Auto repair
Automotive sales conducted remotely or electronically, with in-person vehicle return and delivery by appointment only
Warehouse/distribution and fulfillment
Funeral homes, crematoriums and cemeteries
Storage for essential businesses
Maintenance for the infrastructure of the facility or to maintain or safeguard materials or products therein
Animal shelters/ and animal care
6. News Media
7. Financial Institutions
Banks or lending institution
Insurance
Payroll
Accounting
Services related to financial markets
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
All non-essential construction must shut down except emergency construction, (e.g. 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 until it is safe to shut the site).
Essential construction may continue and includes roads, bridges, transit facilities, utilities, hospitals or health care facilities, affordable housing, and homeless shelters. At every site, if essential or emergency non-essential construction, this includes maintaining social distance, including for purposes of elevators/meals/entry and exit. Sites that cannot maintain distance and safety best practices must close and enforcement will be provided by the state in coordination with the city/local governments. This will include fines of up to $10,000 per violation.
For purposes of this section construction work does not include a single worker, who is the sole employee/worker on a job site.
10. Defense
Defense and national 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 businesses including:
Law enforcement, including corrections and community supervision
Fire prevention and response
Building code enforcement
Security
Emergency management and response, EMS and 911 dispatch
Building cleaners or janitors
General maintenance whether employed by the entity directly or a vendor
Automotive repair
Disinfection
Residential moving services
12. Vendors that provide essential services or products, including logistics and technology support, child care and services including but not limited to:
Logistics
Technology support for online services
Child care programs and services
Government owned or leased buildings
Essential government services
Any personnel necessary for on-line or distance learning or classes delivered via remote means
For more detailed information on these matters see the full guidance memorandum at https://esd.ny.gov/guidance-executive-order-2026
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.