May 21, 2020 Revised Guidance on “Essential” Businesses
KEEPING YOU INFORMED…
The New York Empire State Development Corporation (ESD) has recently updated its Guidance for Determining Whether a Business Enterprise is Subject to a Workforce Reduction under Recent Executive Orders, which is available at https://esd.ny.gov/guidance-executive-order-2026. The latest revision applies only to those regions and industries that are not yet within the reopening phases and includes an expansion of those businesses that are considered “essential.”
The first phase of reopening began in several regions on May 15, 2020 and permits certain businesses in the following industries to reopen: construction, agriculture, forestry, fishing and hunting, manufacturing, wholesale trade and retail, although that is limited to curbside or in-store pickup or drop off only. These business must abide by the reopening guidance set forth in NY Forward, which is available at https://forward.ny.gov/industries-reopening-phase.
Businesses and regions not presently in a reopening phase remain subject to the Guidance that has expanded the scope of “essential” businesses to include the following:
- Acupuncture, as prescribed by a medical professional;
- “Auto repair” has been expanded to “Auto repair and maintenance;”
- Pet grooming, to the extent it is necessary to ensure an animal’s health;
- Landscaping, gardening and horticulture, including if it is for cosmetic reasons;
- General and specialized maintenance, employed by an entity directly or as a vendor including, but not limited to, heating, ventilation and air conditioning (“HVAC”) and pool maintenance;
- “Disinfection” services has been expanded to “Cleaning, disinfection, and sanitation services;”
- Occupational safety and health professionals; and
- Recreational businesses that are outdoor and considered low risk, including tennis, non-motorized boat use and rentals, golf and driving ranges, and drive-in movie theaters, provided these businesses can observe social distancing and cleaning/disinfecting measures are in place.
The Guidance continues to provide that “[s]tate and local governments, including municipalities, authorities, and school districts are exempt from the essential business reductions.” In other words, each municipality may continue to determine which of its own services are essential. Municipalities may, but are not required to, rely on the Guidance when making those determinations.
Please contact Matthew J. Mehnert or one of our other attorneys by calling (631) 694-2300 if you have any questions regarding the revised Guidance regarding essential businesses.
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