NYS Essential Business Information
UPDATED May 31, 2020: This is a selection of important information from the Empire State Development’s Website on Guidance for Essential Businesses. For the full article, please click here.
ESSENTIAL BUSINESSES OR ENTITIES, including any for-profit or non-profit, regardless of the nature of the service, the function they perform, or its corporate or entity structure, are not subject to the in-person restriction. Essential Businesses must continue to comply with the guidance and directives for maintaining a clean and safe work environment issued by the Department of Health (DOH) and every business, even if essential, is strongly urged to maintain social distancing measures to the extent possible.
On April 26, 2020, Governor Cuomo announced a phased approach to reopen industries and businesses in New York in phases based upon a data-driven, regional analysis. On May 4, 2020, the Governor provided that the regional analysis would consider several public health factors, including new COVID-19 infections, as well as health care system, diagnostic testing, and contact tracing capacity. On May 11, 2020, Governor Cuomo announced that the first phase of reopening would begin on May 15, 2020 in several regions of New York, based upon available regional metrics and indicators. This essential business guidance shall remain in effect for the regions and industries that are not yet within the reopening phases.
For in-depth details regarding what constitutes an essential business as indicated below, please click here.
For purposes of Executive Order 202.6, “Essential Business,” shall mean businesses operating in or as:
- Essential health care operations
- Essential infrastructure
- Essential manufacturing
- Essential retail
- Essential services
- News media
- Financial Institutions
- Providers of basic necessities to economically disadvantaged populations
- Construction
- Defense
- Essential services necessary to maintain the safety, sanitation and essential operations of residences or other businesses
- Vendors that provide essential services or products, including logistics and technology support, child care and services
- Recreation
- Professional services with extensive restrictions
Pursuant to Executive Order 202.10, all non-essential gatherings of individuals of any size for any reasons (e.g. parties, celebrations, or other social events) are canceled or postponed. However, Executive Orders 202.32 and 202.33, issued subsequently, allow ten or fewer people to gather for any lawful purpose or reason, provided that social distancing protocols and cleaning and disinfection protocols required by the Department of Health are adhered to.
In addition, any drive-in or remote religious service may continue in excess of the ten person limit so long as there is no in-person contact between participants. Faith leaders should continue to consider and use alternative forms of worship, replacing in-person gatherings with virtual services, such as phone or conference calls, videoconference calls, or online streaming, wherever possible, and congregations of groups for religious service or ceremony in excess of ten in-person participants remain prohibited.
If the function of your business is listed above, you do not need to request any special designation or approval to operate.
If you have reviewed this guidance and require additional assistance in determining whether or not your business is permitted to operate on-site, you may consult the New York Forward Business Reopening Lookup Tool here.
