March 20, 2020 – Governor Cuomo and the New York State Economic State Development have provided a list and guidance on essential services exempt from the 75% work from home rule. Please note that the Governor has mandated that all barbershops and nail salons close until further notice. We will have additional information after the Governor’s press conference today. Below is the list.
Link to full guidance: https://esd.ny.gov/guidance-executive-order-2026
As per the guidance, for purposes of Executive Order 202.6, “Essential Business,” means as follows:
1. Essential health care operations including
- research and laboratory services
- hospitals
- walk-in-care health facilities
- veterinary and animal health services
- elder care
- medical wholesale and distribution
- home health care workers or aides
- doctor and dentist offices
- nursing homes, or residential health care facilities or congregate care facilities
- medical supplies and equipment providers
2. Essential infrastructure including
- utilities including power generation, fuel supply and transmission
- public water and wastewater
- telecommunications and data centers
- airports/airlines
- transportation infrastructure such as bus, rail, or for-hire vehicles, garages
3. Essential manufacturing including
- food processing, including all foods and beverages
- chemicals
- medical equipment/instruments
- pharmaceuticals
- safety and sanitary products
- telecommunications
- microelectronics/semi-conductor
- agriculture/farms
- paper products
4. Essential retail including
- grocery stores including all food and beverage stores
- pharmacies
- convenience stores
- farmer’s markets
- gas stations
- restaurants/bars (but only for take-out/delivery)
- hardware and building material stores
5. Essential services including
- trash and recycling collection, processing and disposal
- mail and shipping services
- laundromats/dry cleaning
- building cleaning and maintenance
- child care services
- auto repair
- warehouse/distribution and fulfillment
- funeral homes, crematoriums and cemeteries
- storage for essential businesses
- animal shelters or animal care or management
6. News media
7. Financial Institutions including
- banks
- insurance
- payroll
- accounting
8. Providers of basic necessities to economically disadvantaged populations including
- homeless shelters and congregate care facilities
- food banks
- human services providers whose function includes the direct care of patients in state-licensed or funded voluntary programs; the care, protection, custody and oversight of individuals both in the community and in state-licensed residential facilities; those operating community shelters and other critical human services agencies providing direct care or support
9. Construction including
- skilled trades such as electricians, plumbers
- other related construction firms and professionals for essential infrastructure or for emergency repair and safety purposes
10. Defense
- defense and natural security-related operations supporting the U.S. Government or a contractor to the US government
11. Essential services necessary to maintain the safety, sanitation and essential operations of residences or other essential businesses including
- law enforcement
- fire prevention and response
- building code enforcement
- security
- emergency management and response
- building cleaners or janitors
- general maintenance whether employed by the entity directly or a vendor
- automotive repair
- disinfection
- doormen
12. 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 including
- logistics
- technology support
- child care programs and services
- government-owned or leased buildings
- essential government services
Critically, if the function of a business is not listed above but the employer believes that its business is essential or it is an entity providing essential services or functions, the employer may request designation as an essential business. The ESD stresses that Businesses or not-for-profit entities should only request such a designation if they are NOT covered by the guidelines above but think the business or entity should be. If the employer wishes to request the designation of “essential”, a link to an application form is here
Additional Notes:
- Any business that only has a single occupant/employee (i.e. gas station) has been deemed exempt and need not submit a request to be designated as an essential business.
- Businesses ordered to close on Monday, March 15, 2020 under the restrictions on any gathering with 500 or more participants, including but not limited to, bars, restaurants, gyms, movie theaters, casinos, auditoriums, concerts, conferences, worship services, sporting events, and physical fitness centers, are presumed to be compliant with NYS issued restrictions and must remain closed and are not eligible for designation as an essential business for purposes of this guidance.
- With respect to business or entities that operate or provide both essential and non-essential services, supplies or support, only those lines and/or business operations that are necessary to support the essential services, supplies, or support are exempt from the work-force restrictions.
If you have any questions or need further information, please contact us through our website: www.dhclegal.com.
