June 24, 2020 Executive Orders 202.41 and 202.42 (NY Forward)
KEEPING YOU INFORMED…
Governor Cuomo recently issued Executive Orders 202.41 and 202.42 as part of the State’s ongoing efforts to systematically, and carefully, reopen Region by Region following the shutdown caused by the COVID-19 pandemic. The Orders’ relevant provisions are explained below.
1. Executive Order 202.41
Executive Order 202.41 modifies Executive Order 202.7 to allow for the reopening of all salons, tattoo parlors, piercing parlors, and related personal care services in Phase Three eligible Regions. The Executive Order further provides that, as of June 12, 2020, the reductions and restrictions on the in-person workforce at non-essential businesses no longer apply in eligible Regions to Phase Three industries, which include restaurants, food services and personal care. All Phase Three industries must, however, adhere to the industry-specific guidance issued by the Department of Health: https://forward.ny.gov/phase-three-industries.
Currently, all upstate Regions have entered Phase Three, having met the prescribed public health and safety metrics, as have the Mid-Hudson Region (on June 23) and the Long Island Region (on June 24). That leaves only the New York City Region, which, upon meeting the necessary metrics, will be deemed incorporated into Executive Order 202.41 and will be permitted to reopen Phase Three industries, provided that those industries comply with the Department of Health guidance.
2. Executive Order 202.42
Executive Order 202.42 modifies Executive Order 202.38 which, in turn, modified Executive Order 202.35 to allow for non-essential gatherings of 25 individuals or less for any lawful purpose or reason, provided that the location of the gathering is in a Region that has entered Phase Three. Furthermore, all businesses must continue to adhere to all social distancing protocols and cleaning and disinfection protocols issued by the Department of Health. New York City, because it is not yet in Phase Three, remains limited to non-essential gatherings of 10 or less.
If you have any questions regarding the implementation of the above-outlined provisions of Executive Orders 202.41 and 202.42, please contact Alyson Mathews, Joshua Sprague or one of our other attorneys by calling (631) 694-2300.
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.
© Lamb & Barnosky, LLP 2020