March 19, 2020
Author(s): Kimberly K. Harding
New York businesses not deemed “essential businesses or services” must reduce the in-person workforce at any work locations by 75% no later than March 20 at 8:00 p.m.
Late last night, Governor Cuomo released the official text of the Executive Order (the “Order”) he had announced earlier that afternoon, requiring that all New York State businesses and not-for-profits utilize telecommute and work-from-home arrangements “to the maximum extent possible,” and further requiring that all New York State businesses reduce the in-person workforce at any work locations by 50% no later than March 20 at 8:00 p.m.” This morning, he orally modified the Order, requiring a 75% reduction.
The Order excludes any “essential business or entity providing business functions” from its in-person restrictions. Such entities are defined to include the following:
Further guidance as to which businesses are considered “essential” will be released by the Empire State Development Corporation (“ESDC”) no later than 5:00 p.m. today, March 19, 2020.
Finally, the Order provides that other businesses may be “deemed essential” if they request an opinion from the Empire State Development Corporation that “it is in the best interest of the state to have the workforce continue at full capacity in order to properly respond to [the COVID-19] disaster.”
We will be closely monitoring for the EDC’s guidance and reviewing promptly when it is released.
The foregoing has been prepared for the general information of clients and friends of the firm. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel. If you have any questions or require any further information regarding these or other related matters, please contact your regular Nixon Peabody LLP representative. This material may be considered advertising under certain rules of professional conduct.
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