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. Since Gov. Businesses that were closed as … 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). 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. The Empire State Development Corporation issued guidance late on March 19 about which businesses are determined to be essential. Essential Business Guidance: March 25 Update . Automotive sales - COVID-19 Guidance Issued by Empire State Development Corporation. For Guidance on cleaning and disinfection of facilities, refer to the New York State Department of Health Interim Guidance for Cleaning and Disinfection of Public and  Private Facilities for COVID -19 at: https://coronavirus.health.ny.gov/system/files/documents/2020/03/cleaning_guidance_general_building.pdf, For further information: New York State Department of Health’s COVID-19 Webpage: https://coronavirus.health.ny.gov/home, Center for Disease Control and Prevention Webpage: https://www.cdc.gov/coronavirus/2019-ncov/, Local health department contact information can be found at: https://www.health.ny.gov/contact/contact_information/index.htm, For more information on this issue or other employment matters, please contact: Click for PDF. hospitals. The New York State Empire State Development Corporation (ESD) has updated the New York State guidance on businesses considered essential. This essential business guidance shall remain in effect for the regions and industries that are not yet within the reopening phases. Specifically, for purposes of Executive Order 202.6, essential businesses, include: 1. No later than 5 p.m. on March 19, 2020, Empire State Development Corporation shall issue guidance as to which businesses are determined to be essential. Silvia Stockman at +1 212 592 1583 or [email protected] The mission of Empire State Development (“ESD”) is to promote a vigorous and growing state economy, encourage business investment and job creation, and support diverse, prosperous local economies across New York State through the efficient use of loans, grants, tax credits, real estate development, marketing and other forms of assistance. April 10, 2020. 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. 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. Essential health care operations including: April 10, 2020. Providers of basic necessities to economically disadvantaged populations including. <9. © 2020 Herrick, Feinstein LLP. 13 grudnia 2020 After notifying the New York State Association of Realtors in an email on Wednesday that home showings were considered “essential business,” Empire State Development Corporation … 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, but only to the point that it is safe to suspend work). Empire State Development maintains a website with clear information and updates on what constitutes an essential business and how businesses can comply correctly. For purposes of Executive Order 202.6, “Essential Business,” shall mean businesses operating in or as: 1. The following businesses are now considered essential. All essential businesses must still attempt to implement social distancing within the workspace. Construction may continue solely with respect to those employees that must be present at the business location/construction site in support of essential business activities. News. walk-in-care health clinics and facilities, home health care workers or aides for the elderly, nursing homes, 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, hotels, and other places of accommodation, food processing, manufacturing agents including all foods and beverages, sanitary products including personal care products regulated by the Food and Drug Administration (FDA), 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, laundromats and other clothing/fabric cleaning services, automotive sales conducted remotely or electronically, with in-person vehicle return and delivery by appointment only, funeral homes, crematoriums and cemeteries, maintenance for the infrastructure of the facility or to maintain or safeguard materials or products therein, animal shelters and animal care including dog walking, animal boarding, 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. Essential health care operations including, 8. Jina Moon at +1 212 592 1584 or [email protected] Empire State Development (ESD) has created this FAQ to offer information to businesses regarding State regulations and general guidance related to the coronavirus. 1. Providers of basic necessities to economically disadvantaged populations including, 11. research and laboratory services. 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 … 1. Meaghan Roe at +1 212 592 1632 or [email protected] 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 … The New York State Department of Economic Development (DED) is a department of the New York government that has been operationally merged … If the function of your business is not listed above, but you believe that it is essential or it is an entity providing essential services or functions, you may request designation as an essential business. Empire State Development (ESD) is the umbrella organization for New York's two principal economic development public-benefit corporations, the New York State Urban Development Corporation (UDC) and the New York Job Development Authority (JDA). According to the order, New York requires all non-essential construction to shut down , “except emergency construction, (e.g. 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). Jaspan Schlesinger LLP is one of Long Island’s oldest and largest full-service law firms. Jared D. Newman at +1 212 592 5957 or [email protected] As noted above, local governments, including municipalities and school districts, are allowed to continue construction projects at this time as government entities are exempt from these essential business restrictions. shut down, except emergency construction, (e.g. The Empire State Development Corp. is charged with releasing a full list of businesses by 5 p.m. Thursday, according to the order. Essential construction may proceed, to the extent that: At every site, it is required that the personnel working on the site maintain an appropriate social distance, including for purposes of elevators/meals/entry and exits. This guidance is issued by the Empire State Development and applies to each business location individually. New York State is supporting businesses as they adapt and respond to the economic impact of the pandemic. Heather M. Zimmer at +1 212 592 1477 or [email protected]. Enforcement will be conducted by state and local governments, including fines up to $10,000 per violation. According to the EEOC, generally yes, with important caveats. By: Caitlin A. Anderson and Hermes Fernandez. © 2021 Herrick, Feinstein LLP, All Rights Reserved. Empire State Development (ESD) Revises Exempt Businesses to Include Pawnbrokers as an Essential Business Posted on March 25, 2020 March 25, 2020 by 3clickmedia DOWNLOAD FULL PDF OF CLANY STATEMENT March 25, 2020. Any other business activities being completed that are not essential are still subject to the restrictions provided by Executive Order 202. Businesses and entities that provide other essential services must implement rules that help facilitate social distancing of at least six feet. New York State is Here to Support Businesses with COVID-19-related Information and Resources COVID-19 Cluster Zones See if your business is within a cluster zone and learn about New York State… Essential health care operations including. A recent addition to the COVID-19 guidance issued by the Empire State Development Corporation provides that essential services include “automotive sales conducted remotely or electronically, with in-person vehicle return and delivery by appointment only.” 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 … Essential health care operations including. This alert is provided by Herrick, Feinstein LLP to keep its clients and other interested parties informed of current legal developments that may affect or otherwise be of interest to them. 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. This guidance is issued by the Empire State Development and applies to each business location individually. All non-essential construction must safely shut down, except emergency construction, (e.g. Restrictions on Future Essential Business Designation Applications. According to New York state guidelines, there are 14 categories of essential businesses: Hundreds of businesses across the state want to be designated "essential" so they can resume operating. Essential services necessary to maintain the safety, sanitation and essential operations of residences or other businesses including, 12. The mission of Empire State Development is to promote a vigorous and growing state economy, encourage business investment and job creation, and support diverse, prosperous local economies across New York State through the efficient use of loans, grants, tax credits, real estate development, marketing and other forms of assistance. No other employees/personnel shall be permitted to work in-person at the business location/construction site. Since Gov. 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. Businesses are permitted to request “essential” status from ESD. Secretary to the Governor BY THE GOVERNOR . These include: Essential Businesses 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. research and laboratory services; hospitals The order also says any business can be deemed essential after requesting an opinion from Empire State Development, New York’s lead economic development … The revised Guidance includes a number of significant changes. Owners who think their businesses should be considered essential can request a designation from Empire State Development. EO 202.6 provided some detail about what qualifies as an “essential business,” with further guidance expected to be issued by the Empire State Development Corporation by 5:00 pm today, March 19, 2020. Construction Vendors that provide essential services or products, including logistics and technology support, child care and services including but not limited to. Requests by businesses to be designated an essential function as described above, should only be made if they are NOT covered by the guidance. 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. The Empire State Development Corporation updated its Essential Business Guidance last night. 12. Businesses that provide “essential services” are exempt from the workforce reduction. Carol M. Goodman at +1 212 592 1465 or [email protected] Walk-in-care … 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. research and laboratory services; hospitals; walk-in-care health clinics and facilities; emergency veterinary, livestock medical services; senior/elder care; medical wholesale and distribution Was your business listed as nonessential? The issue then became how to interpret the term “essential business”—a task delegated to the Empire State Development Corporation (ESD). Empire State Development Corporation Updates Guidance Regarding Definition of “Essential Businesses” Exempt From In-Person Workforce Reduction Requirements. Essential health care operations, including: Doctor's and emergency dental offices. The New York State Empire State Development Corporation (ESD) has updated the New York State guidance on businesses considered essential. 1. 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. If their function is not listed below, businesses can submit a request to be deemed essential by applying to Empire State Development. Professional services with extensive restrictions, The ESDC’s updated guidance expands the types of businesses considered to be essential in some respects, and limits the operation of other businesses that were previously designated essential. Barbershops, hair salons, tattoo or piercing parlors and related person care services, including technicians, cosmetologists and estheticians, and the provision of electrolysis or laser hair removal services. Sites that cannot maintain appropriate social distancing, as well as cleaning/disinfecting protocols must close. The Empire State Development Corporation (ESDC) also issued Guidance on Executive Order 202.6. Click for PDF. Click here to view our prior Alert. empire state development corporation essential workers. The Empire State Development Corporation has issued updated guidance in an effort to clarify which businesses or services qualify as “essential.” Essential businesses include the following: 1. 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