UPDATE: Executive Order 202.8 can be read here.  In addition to closing workplaces to non-essential employees, the order:

  • Tolls state court litigation deadlines until April 19, 2020
  • Suspends Department of Motor Vehicles related deadlines until April 19, 2020
  • Tolls shareholder meeting-related deadlines until April 19, 2020
  • Tolls residential and commercial eviction enforcement for 90 days
  • Abates late fines and penalties related to filings due on or before March 20.

At a press conference this morning, Governor Andrew Cuomo announced a forthcoming executive order placing further restrictions on New Yorkers’ daily life.  The order will be effective as of Sunday.  Per the New York Times, relevant employment-related provisions include:

  • Businesses considered nonessential must keep all of their workforce at home, which effectively means that if the business depends on a physical location, it must close.
  • Essential businesses that can remain open include: grocers and restaurants, health care providers, pharmacies, gas stations, convenience stores, banks, hardware stores, laundromats and cleaners, child-care providers, auto repair, utilities, warehouses and distributors, plumbers and other skilled contractors, animal-care providers, transportation providers, construction companies, and many kinds of manufacturers.
  • Any businesses violating the order would be fined and forced to close. The state does not plan to fine individuals who violated the regulations, Mr. Cuomo said.

Per the Governor’s March 7, 2020 Executive Order, essential businesses include:

  • essential health care operations including research and laboratory services;
  • essential infrastructure including utilities, telecommunication, airports and transportation infrastructure;
  • essential manufacturing, including food processing and pharmaceuticals;
  • essential retail including grocery stores and pharmacies;
  • essential services including trash collection, mail, and shipping services;
  • news media; banks and related financial institutions;
  • providers of basic necessities to economically disadvantaged populations;
  • construction;
  • vendors of essential services necessary to maintain the safety, sanitation and essential operations of residences or other essential businesses;
  • vendors that provide essential services or products, including logistics and technology support, child care and services needed to ensure the continuing operation of government agencies and provide for the health, safety and welfare of the public.

The Empire State Development Corporation has promulgated more detailed guidance concerning “essential businesses” here.

If you are an employer unsure whether or not your business is essential, please contact us.  In any event, we recommend you transition your business to telework – and more importantly, stay home – wherever possible.

Tags: Coronavirus, Coronavirus and the Workplace, COVID-19, employee rights, employer, essential businsses, Governor Cuomo, New York, New York City, New York Times, NY
Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Salvatore G. Gangemi Salvatore G. Gangemi

Salvatore G. Gangemi, a partner at Murtha Cullina, is a veteran labor and employment lawyer with nearly 30 years of litigation and counseling experience.

Employers from across the industry spectrum, including established companies in the senior living and health care fields; manufacturing, construction…

Salvatore G. Gangemi, a partner at Murtha Cullina, is a veteran labor and employment lawyer with nearly 30 years of litigation and counseling experience.

Employers from across the industry spectrum, including established companies in the senior living and health care fields; manufacturing, construction, retail and service firms; and emerging companies, seek Sal’s legal counsel to navigate today’s complex local, state and federal employment laws. His practice includes resolving disputes; advocating in courts and before administrative agencies; counseling on employment-related issues arising from acquisitions; and guiding clients in both long-range strategy and day-to-day administration of their workplaces and employees.

At the federal level, Sal brings extensive experience in OSHA investigations, audits and proceedings; the Fair Labor Standards Act (FLSA); Title VII discrimination matters; the Age Discrimination in Employment Act (ADEA); the Americans with Disabilities Act (ADA); and the Family Medical Leave Act (FMLA). He is also well-versed in state and local employment regulations.

Sal regularly represents clients in matters before the Equal Employment Opportunity Commission (EEOC), the U.S. Department of Labor and other federal agencies. On the state level, he appears before the New York State Division of Human Rights; the New York City Commission on Human Rights; the Connecticut Commission on Human Rights and Opportunities; the Connecticut Department of Labor; and the New York State Department of Labor. He has litigated cases involving misappropriation of trade secrets, restrictive covenants, breach of employment contract, fiduciary duty and other work-related common law claims.

Clients rely on Sal’s advice on routine human resources matters that arise in their businesses, including requests for reasonable accommodation for those with disabilities, family and medical leave issues, hiring and termination, and wage and hour concerns. Known for his proactive approach to identifying issues before they escalate, he conducts compliance training on sexual harassment prevention and other topics, performs worker classification practice and policy audits, and drafts employment policies and agreements. Sal shares his knowledge of the ever-evolving employment law landscape by speaking at events, conducting continuing legal education seminars and writing articles for a variety of publications.

Read more about Salvatore G. GangemiSalvatore G.'s Linkedin Profile
Show more Show less
Related Posts
LexBlog-Image-2
Practical Impact of the U.S. Department of Labor’s Final Rule on Independent Contractor Classifications for Connecticut, New York and Massachusetts
February 14, 2024
Governor Hochul Vetoes NYS Non-Compete Bill
Governor Hochul Vetoes NYS Non-Compete Bill
December 27, 2023
Governor Hochul Vetoes NYS Non-Compete Bill
New York Set to Ban Non-Compete Clauses in Employment
June 21, 2023