This guidance is issued by the Empire State Development and applies to each business location individually. Silvia Stockman at +1 212 592 1583 or [email protected] Construction 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. 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 … News. The order also says any business can be deemed essential after requesting an opinion from Empire State Development, New York’s lead economic development … 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. According to New York state guidelines, there are 14 categories of essential businesses: According to the EEOC, generally yes, with important caveats. Essential projects should be considered those that have a nexus to health and safety of the building occupants or to support the broader essential services that are required to fulfill the critical operations of government or the emergency response to the COVID-19 public health crisis. However, certain businesses are explicitly designated as non-essential, and are barred from requesting a designation. Essential services necessary to maintain the safety, sanitation and essential operations of residences or other businesses including. By: Caitlin A. Anderson and Hermes Fernandez. Critically, this guidance indicates that any previous designation or determination by the ESDC that a firm is an essential business, which is now inconsistent with the revised guidance, is no longer valid. 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 … 1. Empire State Development Corporation Updates Guidance Regarding Definition of “Essential Businesses” Exempt From In-Person Workforce Reduction Requirements. Essential health care operations including. 12. The Empire State Development Corporation issued guidance late on March 19 about which businesses are determined to be essential. 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. 5. Essential health care operations including. The revised Guidance includes a number of significant changes. 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). 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. 1. Since Gov. All non-essential construction must safely shut down, except emergency construction, (e.g. Herrick, Feinstein LLP is pleased to announce the expansion of the Firm with the addition of seven lawyers with a focus on cooperatives and condominiums. Businesses that provide “essential services” are exempt from the workforce reduction. To the extent a particular business or service is not contained within the updated guidance, it must apply or re-apply for an essential business designation, as the case may be. Essential Businesses The following businesses are now considered essential. 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. This afternoon, the Empire State Development Corporation (ESDC) issued updated guidance about which businesses are “essential” and, therefore, exempt from Governor Cuomo’s stay-at home Executive Orders 202.6, 202.7, 202.8 and 202.14. Underlined businesses are new to the list. Specifically, for purposes of Executive Order 202.6, essential businesses, include: 1. This essential business guidance shall remain in effect for the regions and industries that are not yet within the reopening phases.
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