New York Forward leaves plenty of unanswered questions

In response to the COVID-19 outbreak, New York Governor Andrew Cuomo issued a series of executive orders, beginning in mid-March 2020, to shutter nonessential businesses and restrict in-person work at those companies and local governments, like counties, towns, villages, public schools, and fire districts. In mid-May, he began the process of reopening the state in a phased approach he called “New York Forward” (NYF). Unfortunately, the NYF plan has left employers guessing on how best to follow its incomplete and confusing guidance. Read on to understand how to comply.

Background

NYF Phase One officially began in mid-May for construction, manufacturing, wholesale trade, curbside retail, agriculture, forestry, and the fishing and hunting industries. Its guidance was released on a New York website, which included mandatory requirements, recommended best practices, and a safety plan template. To reopen, a nonessential business must comply with the NYF guidance, develop a safety plan consistent with the guidance, and have the business owner/agent file an affirmation of understanding and compliance.

New York released Phase Two guidance on May 28 for professionals and other office-based employers, in-store retail, real estate services, commercial building management, auto sales/leasing/rentals, hair salons and barbers, and outdoor dining and take-out/delivery food services. (See also “Phase Two of NY business reopenings calls for COVID-19 health and safety plans” at http://hrlaws.com/node/1262199.)