Updated ESD Guidance On Essential Businesses

Dear Industry Partner:

We are working to keep New York State’s business community up-to-date regarding Executive Order 202.6. To slow the spread of the COVID-19 virus, businesses were required to reduce their onsite workforce by 100% as of 8 p.m. on Sunday, March 22, 2020. Only organizations and entities that are deemed essential by the Executive Order are exempt from these restrictions.

The Executive Order also directed ESD to establish guidance outlining which businesses are considered essential. ESD’s guidance has been updated as of March 27, 2020. Please note that ESD’s guidance is subject to change as the State adapts its response to combating COVID-19.

Be advised that any previous designation or determination by ESD that a firm is an essential business that is inconsistent with the revised guidance is no longer valid.

UPDATED GUIDANCE – as of 3/27/20

For purposes of Executive Order 202.6, “Essential Business,” means businesses operating in or as:

5. Essential services including

· Bicycle repair

· Laundromats and other clothing/fabric cleaning services

· Automotive sales conducted remotely or electronically, with in-person vehicle return and delivery by appointment only

9. Construction

· All non-essential construction must shut down except emergency construction, (e.g. a project necessary to protect health and safety of the occupants, or to continue a project if it would be unsafe to allow to remain undone until it is safe to shut the site).

· Essential construction may continue and includes roads, bridges, transit facilities, utilities, hospitals or health care facilities, affordable housing, and homeless shelters. At every site, if essential or emergency non-essential construction, this includes maintaining social distance, including for purposes of elevators/meals/entry and exit. Sites that cannot maintain distance and safety best practices must close and enforcement will be provided by the state in coordination with the city/local governments. This will include fines of up to $10,000 per violation.

· For purposes of this section construction work does not include a single worker, who is the sole employee/worker on a job site.

Continue to visit esd.ny.gov, where you will find additional COVID-19-related business resources, such as Small Business Administration (SBA) loan application assistance, FAQs and other information.

Thank you for your continued cooperation and partnership.