March 22, 2020 Executive Order 202.8: 100% In-Person Workforce Reductions
KEEPING YOU INFORMED…
On Friday, Governor Cuomo signed Executive Order 202.8 again modifying Order 202.6 to businesses and not-for-profit entities (collectively, “businesses”) to use, to the maximum extent possible and by no later than Sunday, March 22 at 8 p.m., any telecommuting or work from home procedures that can be safely utilized. Each non-essential business must reduce its in-person workforce at any work location by 100% by that date and time. The Order will be enforced with civil penalties (i.e.; fines) imposed on the business pursuant to Public Health Law Section 12.
Essential businesses or entities providing essential services or functions, regardless of whether provided to an essential or non-essential business, are not subject to the 100% workforce reduction rule. Instead, they may operate at a level necessary to provide the essential service or function. The Empire State Development Corporation’s guidance on which businesses are essential has been updated and is available at: https://esd.ny.gov/guidance-executive-order-2026. Businesses that are not designated as essential continue to be allowed to submit requests to the Empire State Development Corporation to be so designated.
There has been no change to Order 202.4, which governs the workplace reduction rules for local governments and political subdivisions. A copy of our client memo explaining Order 202.4 is available here: https://www.lambbarnosky.com/?p=15518.
Please contact Alyson Mathews or one of our other labor and employment attorneys by calling (631) 694-2300 if you have any questions regarding the implementation of Executive Order 202.8 or need assistance with submitting a request to be designated as an essential business.
THIS MEMORANDUM IS MEANT TO ASSIST IN GENERAL UNDERSTANDING OF THE CURRENT LAW. IT IS NOT TO BE REGARDED AS LEGAL ADVICE. THOSE WITH PARTICULAR QUESTIONS SHOULD SEEK THE ADVICE OF COUNSEL.
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