New York Governor Andrew Cuomo Issues Executive Order 202.6

March 19, 2020

By: Hermes Fernandez and Caitlin A. Anderson

New York Governor Andrew Cuomo issued Executive Order 202.6 late on March 18. Under the order, effective as of March 20 at 8 p.m., all businesses and not-for-profit entities are to use any telecommuting or work from home procedures that they can safely utilize to the maximum extent possible. 

Most importantly, unless excepted, each employer is to reduce the in-person workforce at any work locations by 50% by tomorrow, Friday, March 20 at 8 p.m. 

Essential businesses and services are not subject to the in-person restrictions. Essential businesses and services are listed as:

  • Health care operations including research and laboratory services;
  • Essential infrastructure including utilities, telecommunication, airports and transportation infrastructure;
  • Essential manufacturing, including food processing and pharmaceuticals;
  • Essential retail 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; 
  • Vendors of essential services necessary to maintain the safety, sanitation and essential operations of residences or other essential businesses; and
  • 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.

The Empire State Development Corporation is to issue guidance by 5 p.m. today about which businesses are determined to be essential. 

If you have questions, contact the Bond attorney you work with. If you don’t have a Bond attorney, contact: Paul Avery in Buffalo; Jennifer Boll or Hermes Fernandez in Albany; Tom Eron, Robert Kirchner, Rod McDonald or Jeff Scheer in Syracuse; Jen Schwartzott or Gail Norris in Rochester; Greg Reilly in New York City.