Long Island Gas Retailers Association

/ GUIDANCE ON EXECUTIVE ORDER 202.6
GUIDANCE FOR DETERMINING WHETHER A BUSINESS ENTERPRISE IS SUBJECT TO A WORKFORCE REDUCTION UNDER EXECUTIVE ORDER 202.6
(enacted to address the COVID-19 Outbreak)
If your question is not answered below, please contact ESD at our website at: https://esd.ny.gov/covid-19-help

Requests by businesses to be designated an essential function as described below, should only be made if they are NOT covered by the following guidance.

BACKGROUND
On March 18, 2020, Executive Order 202.6 (or as revised) directed that all businesses and not-for-profit entities in New York State, shall utilize, to the maximum extent possible, any telecommuting or work from home procedures that they can safely utilize.

It is directed that, no later than March 21, 2020 at 8 p.m., each for-profit or not-for profit employer (excluding state and local governments and authorities) shall reduce the in-person workforce at each business/work location by 75% from pre-state of emergency declaration employment levels.

It is further directed that, no later than March 22, 2020 at 8 p.m., each or-profit or not-for profit employer (excluding state and local governments and authorities) shall reduce the in-person workforce at each business/work location by 100% from pre-state of emergency declaration employment levels.

ESSENTIAL BUSINESSES OR ENTITIES, including any for profit or non-profit, regardless of the nature of the service, the function they perform, or its corporate or entity structure, are not subject to the in-person restriction. (Essential Businesses must continue to comply with the guidance and directives for maintaining a clean and safe work environment issued by the Department of Health).

This guidance is issued by the New York State Department of Economic Development d/b/a Empire State Development and applies to each business location individually and is intended to assist businesses in determining whether they are an essential business and steps to request such designation. 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 restrictions.

For purposes of Executive Order 202.6, “Essential Business,” means:

1. Essential health care operations including

research and laboratory services
hospitals
walk-in-care health facilities
emergency veterinary and livestock services
elder care
medical wholesale and distribution
home health care workers or aides for the elderly
doctor and emergency dental
nursing homes, or residential health care facilities or congregate care facilities
medical supplies and equipment manufacturers and 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
hotels, and places of accommodation
3. Essential manufacturing including

food processing, manufacturing agents, including all foods and beverages
chemicals
medical equipment/instruments
pharmaceuticals
sanitary products
telecommunications
microelectronics/semi-conductor
agriculture/farms
household 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
building cleaning and maintenance
child care services
auto repair
warehouse/distribution and fulfillment
funeral homes, crematoriums and cemeteries
storage for essential businesses
animal shelters
6. News media

7. Financial Institutions including

banks
insurance
payroll
accounting
services related to financial markets
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 national 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
12. Vendors that provide essential services or products, including logistics and technology support, child care and services:

logistics
technology support for online services
child care programs and services
government owned or leased buildings
essential government services
If the function of your business is not listed above, but you believe that it is essential or it is an entity providing essential services or functions, you may request designation as an essential business.

Houses of worship are not ordered closed however it is strongly recommended no congregate services be held and social distance maintained.

Every business is strongly urged to maintain social distance to the extent possible, even if designated essential.

Requests by businesses to be designated an essential function as described above, should only be made if they are NOT covered by the guidance.

To request designation as an essential business, please click here. (All fields of this form must be completed to be considered for exempt designation.)
Restrictions on requesting designation as an essential business:

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 50 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.
For Guidance on cleaning and disinfection of facilities, refer to the New York State Department of Health Interim Guidance for Cleaning and Disinfection of Public and Private Facilities for COVID-19 at http://www.health.ny.gov/diseases/communicable/coronavirus/docs/cleaning_guidance _general_building.pdf.

For further information: New York State Department of Health’s COVID-19 Webpage https://coronavirus.health.ny.gov/home

Center for Disease Control and Prevention Webpage: https://www.cdc.gov/coronavirus/2019-ncov/

Local health department contact information can be found at: https://www.health.ny.gov/contact/contact_information/index.htm

Legal Information Concerning
Your Obligations
as an Employer During the Coronavirus
Health Crisis

New York State has passed sweeping legislations, mandating sick leave for employees quarantined as a result. Employers in New York State must be aware of these sweeping changes and be ready to update their existing policies.
A. COVID-19 Sick Leave
Effective immediately, New York State is mandating that employers provide sick leave to their employees who are subject to either a mandatory or precautionary order of quarantine or isolation issued by the state or local health authority. The exact amount of the leave, and whether the leave is paid or unpaid depends on the number of employees and net income of the business. To assist employer with navigating this new regulation, we have prepared the following chart:
Number of Employees COVD-19 Sick Leave
10 or less Unpaid leave provided for the duration of the mandatory or precautionary period of isolation or quarantine.
10 or less, with annual net income in excess of $1 million 5 days of paid leave, and unpaid leave for the remaining period of the mandatory or precautionary period of isolation or quarantine.
11 to 99 5 days of paid leave, and unpaid leave for the remaining period of the mandatory or precautionary period of isolation or quarantine.
100 or more 14 days of paid leave
Public Employers 14 days of paid leave Any employees who work for an employer with 100 or fewer employees, earning up to $150,000 may apply for wage replacement benefits under the New York Paid Family Leave and New York State Disability law.
This leave will be provided in addition to any existing paid leave an employer may provide, and the employee may not lose their accrued sick leave while on COVID-19 quarantine.
Employees eligibility to use this leave is limited. Any employee who is asymptomatic and who has not yet been diagnosed with any medical condition and who is able to work while under the mandatory or precautionary order of quarantine or isolation, whether through remote access or other similar means, may not use this benefit. Further, any employee who knowingly and voluntarily, not at the direction of the employer, traveled to a country with a level two or level three health threat issued by the Centers for Disease Control may not use this leave benefit. However, these employees may use their accrued leave time while subject to a mandatory or precautionary period of quarantine or isolation.
Employees using this leave are guaranteed job protection, and must be restored to their position, or a similar position, with the same pay and benefits once the leave ends. Employers may not discriminate or retaliate against any employee who uses this benefit.