Hunton Employment & Labor Perspectives

In a press conference today, Governor Cuomo announced his plan to mandate 100% of non-essential workforce in New York stay home.  What does this mean for New York businesses?

 Essential Businesses May Continue to Operate at Full Capacity

These business should continue to comply with guidance for maintaining a clean and safe work environment, but otherwise may continue business as usual.  Essential businesses include: 

• Grocery stores and pharmacies,
• Healthcare, research and laboratory services,
• Essential infrastructure,
• Essential manufacturing, including food processing and pharmaceutical manufacturing,
• Trash, mail and shipping services,
• Other essential services, including childcare, auto repair, funeral home, animal shelters,
• News media,
• Banks and financial institutions,
• Providers of essential services to low-income residents,
• Construction, and
• Vendors that provide essential services to allow the government to continue to run.

The Empire State Development Corporation website provides more detailed guidance about which types of businesses may fit within each essential business exception.

Businesses Unsure About Their Role Can Ask For “Essential” Designation

Businesses can request an “essential function” designation from the Empire State Development Corporation only if they are not already covered by the guidance.  Note that business which only have a single occupant or employee are already exempt from the stay home order.  Additionally, businesses ordered to close under the restrictions on any gathering with 500 or more participants must remain closed and are not eligible for consideration as an essential business.