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NY Mandates 50% Reduction in On-Site Workforce

Lat last night, Governor Cuomo signed an Executive Order mandating that all non-essential businesses send 50% of their workforce home.  While the idea behind the order is to have people work from home to the maximum extent possible, the language of the order does not provide flexibility for employers who businesses necessarily require workers to be on site, such as manufacturing companies. The order lists as examples of essential businesses: "essential 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;  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 Order allows other businesses to apply for a designation as being "essential" to respond to the COVID-19 emergency.  Guidance on how to make the application should be published later today (March 19th).

Each employer shall reduce the in-person workforce at any work locations by 50% no later than March 20 at 8 p.m. Any essential business or entity providing essential services or functions shall not be subject to the in-person restrictions. This includes


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