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Some businesses in parts of New York begin reopening

May 2020 employment law letter
Authors: 
Paul J. Sweeney, Coughlin &Gerhart, LLP

Hoping the worst of the COVID-19 pandemic may be behind us, New York has allowed certain businesses to begin reopening by regions and in phases. On May 15, five regions—Central New York, Southern Tier, Mohawk Valley, Finger Lakes, and the North Country—entered phase one of the rollout after meeting the state’s criteria, which let the following operations resume: construction, manufacturing, retail curbside pickup, wholesale trade, agriculture, forestry, fishing, and hunting. Read on to learn how the process is unfolding.

Late-breaking guidance

Just five days before the first regions reopened for activity, New York Governor Andrew Cuomo provided initial information about the public health metrics and precautions (read “mandates”) businesses would have to follow to resume operations. Then, just two days out, the state published:

  • Detailed interim phase one guidance by industry along with a required “affirmation”;
  • Template for a required safety plan;
  • Checklist of guidance for each industry; and
  • Answers to frequently asked questions (FAQs).

The guidance contains very specific requirements for physical distancing, gatherings in enclosed spaces, workplace activity, movement and commerce, hygiene and cleaning, phased reopenings, communications plans, screening and testing, and personal protective equipment (PPE). Notably, the FAQs section for the first region says businesses won’t be allowed to reopen if they don’t have enough PPE including masks.

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