Updated June 8, 2020
EXECUTIVE ORDER NOS. 202.34, 202.36 & 202.38
- New York State has commenced its phased reopening on a regional basis within the state. New York City has entered Phase One of reopening as of June 8, 2020. Several regions—including the Capital Region, Central New York, the Finger Lakes, the Mohawk Valley, the North Country, the Southern Tier, and Western New York—have entered Phase Two and as of June 4, 2020 restaurants and bars in those regions are allowed to reopen for on-premises outdoor service subject to social distancing requirements.
- Executive Order No. 202.34, issued May 28, 2020, declared which state regions were met the public health and safety metrics requirements for Phase One of reopening. The order gives commercial building owners, retail store owners, and those authorized on their behalf to manage public places within their buildings and businesses the discretion to enforce face-covering/mask requirements.
- Executive Order No. 202.36, issued June 2, 2020, allowing low-risk, outdoor recreational activities, and businesses providing such activities to open in regions that have met the public health and safety metrics requirements for Phase One of reopening.
- Executive Order No. 202.38, issued June 6, 2020, gives commercial building owners, retail store owners, and those authorized on their behalf to manage public places within their buildings and businesses the discretion to require individuals to undergo temperature checks before being allowed admittance.
Updated: April 17, 2020
NY Order 202.18 extends Order 202.8 (business closures) to May 15, 2020, at 11:59 p.m. (note that prior NY Order 202.14 extended Order 202.8 to April 29, 2020). Order 202.18 also addresses other issues, such as relaxing licensure requirements to permit out of state medical personnel to practice in NY.
Updated: April 13, 2020
EXECUTIVE ORDER 202.8 EXTENDED BY EXECUTIVE ORDER 202.14 THROUGH APRIL 29, 2020 at 11:59pm. Order 202.14 also extends other orders unrelated to business closures until May 7, 2020.
EXECUTIVE ORDER NO. 202.8
(“New York on PAUSE” Executive Order)
New York Executive Order No. 202.8 mandates a 100% workforce reduction excluding essential services as part of a 10-point plan. A State guidance (provided for earlier iterations of the New York on PAUSE Executive Order) identifies various industries and businesses that are considered to be “essential businesses” and/or providing “essential services” for purposes the order. The order does not reference the CISA Essential Critical Infrastructure list.
Summary of Order
- Issued on March 23, 2020.
- The order is effective as of Sunday, March 22 at 8:00 p.m.
- Prior executive orders (EO 202.6 issued March 18, 2020) had mandated that workforces be reduced by 50% and then was updated to 75% by EO 202.7 (issued March 19, 2020) and then again to 100% by the New York on PAUSE Executive Order.
- Essential Services Guidance: The State released a guidance document providing further detail on what industries and businesses are considered to be “essential services”.
- The following business and industry categories are listed in the guidance document:
- Essential Health Care Operations
- Essential Infrastructure
- Essential Retail
- Essential Services
- News Media
- Financial Institutions
- Providers of Basic Necessities to Economically Disadvantaged Populations
- 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
- Request Process to be Designated an Essential Business: The State also provides a process for businesses not covered by an exemption to request designation as an essential business. There is a form available that upon completion can be emailed to email@example.com. No further detail is provided regarding the parameters or timing of the request process.
- FAQs: The State has provided an FAQ document on the order that is subject to regular updates.
Social Distancing Requirements
- The order does not provide specific social distancing requirements.
- Any business violating the order shall be subject to enforcement as if a violation of the State’s Public Health Law.
- Governor Cuomo has stated publicly that “[t]hese provisions will be enforced… There will be a civil fine and mandatory closure for any business that is not in compliance.”