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Non-Essential Businesses Must Convert 75% of Workforce to Remote Working Arrangements by March 20

March 19, 2020

New York State Governor Andrew Cuomo announced that his Executive Order 202.6 requiring non-essential businesses to keep 50% of their workforce offsite has been updated to increase that number to 75%. This means that if your business is deemed non-essential, you may only have 25% of your workforce working in the office or "onsite" starting Friday, March 20.

The original executive order listed the following as "essential businesses" and as such exempt from the executive order: 

  • Essential health care operations including laboratory and research services;
  • Essential infrastructure operations, such as utilities, transportation, telecommunication and airports;
  • Essential manufacturing operations, including food and pharmaceutical processing;
  • Essential retail stores including grocery stores and pharmacies;
  • Essential services including trash collection, mail and shipping services;
  • News media;
  • Banks and related financial institutions;
  • Providers of basic necessities to economically disadvantaged populations;
  • Construction companies;
  • Vendors of essential services necessary to maintain the safety, sanitation and essential operations of residences or other essential businesses;
  • Vendors that provide essential services or products, like technology support, child care and services that ensure the continuing operation of government agencies and provide for the health, safety and welfare of the public.

The Empire State Development Corporation (ESDC) has the final say as to whether a business is considered essential or non-essential.

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