COVID-19: Who’s Defined as Essential, Who’s Not

For purposes of New York Gov. Andrew M. Cuomo’s Executive Order 202.6, “Essential Business,” shall mean businesses operating in or as:

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.
This guidance is issued by the New York State Department of Economic Development d/b/a
Empire State Development (ESD) and applies to each business location individually and is
intended to assist businesses in determining whether they are an essential business. With
respect to business or entities that operate or provide both essential and non-essential services,
supplies or support, only those lines and/or business operations that are necessary to support
the essential services, supplies, or support are exempt from the workforce reduction
restrictions.
State and local governments, including municipalities, authorities, and school districts, are
exempt from these essential business reductions, but are subject to other provisions that restrict
non-essential, in-person workforce and other operations under Executive Order 202.

1. Essential health care operations including
 research and laboratory services
 hospitals
 walk-in-care health clinics and facilities
 emergency veterinary, livestock medical services
 senior/elder care
 medical wholesale and distribution
 home health care workers or aides for the elderly
 doctor and emergency dental
 nursing homes, residential health care facilities, or congregate care
facilities
 medical supplies and equipment manufacturers and providers
 licensed mental health providers
 licensed substance abuse treatment providers
 medical billing support personnel
 emergency chiropractic services
 physical therapy, prescribed by medical professional
 occupational therapy, prescribed by medical professional
2. Essential infrastructure including
 public and private utilities including but not limited to power generation,
fuel supply, and transmission
 public water and wastewater
 telecommunications and data centers
 airlines/airports
 commercial shipping vessels/ports and seaports
 transportation infrastructure such as bus, rail, for-hire vehicles, garages
 hotels, and other places of accommodation
3. Essential manufacturing including
 food processing, manufacturing agents including all foods and beverages
 chemicals
 medical equipment/instruments
 pharmaceuticals
 sanitary products including personal care products regulated by the Food
and Drug Administration (FDA)
 telecommunications
 microelectronics/semi-conductor
 food-producing agriculture/farms
 household paper products
 defense industry and the transportation infrastructure
 automobiles
 any parts or components necessary for essential products that are
referenced within this guidance
4. Essential retail including
 grocery stores including all food and beverage stores
 pharmacies
 convenience stores
 farmer’s markets
 gas stations
 restaurants/bars (but only for take-out/delivery)
 hardware, appliance, and building material stores
 pet food
 telecommunications to service existing customers and accounts
 delivery for orders placed remotely via phone or online at non-essential
retail establishments; provided, however, that only one employee is
physically present at the business location to fulfill orders
5. Essential services including
 trash and recycling collection, processing, and disposal
 mail and shipping services
 laundromats and other clothing/fabric cleaning services
 building cleaning and maintenance
 child care services
 bicycle repair
 auto repair
 automotive sales conducted remotely or electronically, with in-person
vehicle return and delivery by appointment only
 marine vessel repair and marinas, but only to support government or
essential commercial operations and not for recreational purposes
 warehouse/distribution and fulfillment
 funeral homes, crematoriums and cemeteries
 storage for essential businesses
 maintenance for the infrastructure of the facility or to maintain or
safeguard materials or products therein
 animal shelters and animal care including dog walking, animal boarding
 landscaping, but only for maintenance or pest control and not cosmetic
purposes

 designing, printing, publishing and signage companies to the extent that
they support essential businesses or services
 remote instruction or streaming of classes from public or private schools
or health/fitness centers; provided, however, that no in-person congregate
classes are permitted
6. News media
7. Financial Institutions including
 banks or lending institution
 insurance
 payroll
 accounting
 services related to financial markets, except debt collection
8. Providers of basic necessities to economically disadvantaged populations
including
 homeless shelters and congregate care facilities
 food banks
 human services providers whose function includes the direct care
of patients in state-licensed or funded voluntary programs; the care,
protection, custody and oversight of individuals both in the community
and in state-licensed residential facilities; those operating community
shelters and other critical human services agencies providing direct care
or support
9. Construction
All non-essential construction must safely shut down, except emergency construction,
(e.g. a project necessary to protect health and safety of the occupants, or to continue a
project if it would be unsafe to allow to remain undone, but only to the point that it is safe
to suspend work).
Essential construction may proceed, to the extent that:
 the construction is for, or your business supports, roads, bridges, transit
facilities, utilities, hospitals or healthcare facilities, homeless shelters, or
public or private schools;
 the construction is for affordable housing, as defined as construction work
where either (i) a minimum of 20% of the residential units are or will be
deemed affordable and are or will be subject to a regulatory agreement
and/or a declaration from a local, state, or federal government agency or
(ii) where the project is being undertaken by, or on behalf of, a public
housing authority;
 the construction is necessary to protect the health and safety of
occupants of a structure;
 the construction is necessary to continue a project if allowing the project
to remain undone would be unsafe, provided that the construction must
be shut down when it is safe to do so;
 the construction is for projects in the energy industry in accordance with
Question No. 14 in the FAQ at:
https://esd.ny.gov/sites/default/files/ESD_EssentialEmployerFAQ_033120
.pdf;
 the construction is for existing (i.e. currently underway) projects of an
essential business; or
 the construction work is being completed by a single worker who is the
sole employee/worker on the job site.
At every site, it is required that the personnel working on the site maintain an appropriate
social distance, including for purposes of elevators/meals/entry and exits. Sites that
cannot maintain appropriate social distancing, as well as cleaning/disinfecting protocols
must close. Enforcement will be conducted by state and local governments, including
fines up to $10,000 per violation.
Construction may continue solely with respect to those employees that must be present
at the business location/construction site in support of essential business activities. No
other employees/personnel shall be permitted to work in-person at the business
location/construction site. Any other business activities being completed that are not
essential are still subject to the restrictions provided by Executive Order 202.
As noted above, local governments, including municipalities and school districts, are
allowed to continue construction projects at this time as government entities are exempt
from these essential business restrictions. However, to the greatest extent possible,
local governments should postpone any non-essential projects and only proceed with
essential projects when they can implement appropriate social distancing and
cleaning/disinfecting protocols. Essential projects should be considered those that have
a nexus to health and safety of the building occupants or to support the broader
essential services that are required to fulfill the critical operations of government or the
emergency response to the COVID-19 public health crisis.
10. Defense
 defense and national security-related operations supporting the U.S.
Government or a contractor to the US government
11. Essential services necessary to maintain the safety, sanitation and essential
operations of residences or other businesses including
 law enforcement, including corrections and community supervision
 fire prevention and response
 building code enforcement
 security
 emergency management and response, EMS and 911 dispatch
 building cleaners or janitors
 general maintenance whether employed by the entity directly or a vendor
 automotive repair
 disinfection
 residential moving services
12. Vendors that provide essential services or products, including logistics and
technology support, child care and services including but not limited to:
 logistics
 technology support for online services
 child care programs and services
 government owned or leased buildings
 essential government services
 any personnel necessary for online or distance learning or classes
delivered via remote means
13. Recreation
 Parks and other open public spaces, except playgrounds and other areas
of congregation where social distancing cannot be abided
 However, golf courses are not essential
 However, use of boat launches and marinas for recreational vessels is
not considered essential
14. Professional services with extensive restrictions
 Lawyers may continue to perform all work necessary for any service so
long as it is performed remotely. Any in-person work presence shall be
limited to work only in support of essential businesses or services;
however, even work in support of an essential business or service should
be conducted as remotely as possible.
 Real estate services shall be conducted remotely for all transactions,
including but not limited to title searches, appraisals, permitting,
inspections, and the recordation, legal, financial and other services
necessary to complete a transfer of real property; provided, however, that
any services and parts therein may be conducted in-person only to the
extent legally necessary and in accordance with appropriate social
distancing and cleaning/disinfecting protocols; and nothing within this
provision should be construed to allow brokerage and branch offices to
remain open to the general public (i.e. not clients).
Pursuant to Executive Order 202.10, all non-essential gatherings of individuals of any size for
any reasons (e.g. worship services, parties, celebrations, or other social events) are canceled or
postponed. Congregate services within houses of worship are prohibited. Houses of worship
may only be used by individuals and only where appropriate social distancing of, at least, six
feet between people can be maintained. Further, individuals should not gather in houses of
worship, homes, or other locations for religious services until the end of this public health
emergency. If possible, religious leaders should consider alternative forms of worship, replacing
in-person gatherings with virtual services, such as phone or conference calls, videoconference
calls, or online streaming.
If the function of your business is not listed above, but you believe that it is essential or it is an
entity providing essential services or functions, you may request designation as an essential
business.
Requests by businesses to be designated an essential function as described above,
should only be made if they are NOT covered by the guidance.
To request designation as an essential business, please click here.
Restrictions on requesting designation as an essential business:
Pursuant to the Governor’s Executive Orders, the following businesses are specifically
enumerated as non-essential and are, therefore, unable to request a designation:
 Any large gathering or event venues, including but not limited to establishments that host
concerts, conferences, or other in-person performances or presentations in front of an
in-person audience;
 Any dine-in or on-premise restaurant or bar service, excluding take-out or delivery for
off-premise consumption;
 Any facility authorized to conduct video lottery gaming or casino gaming;
 Any gym, fitness centers, or exercise classes, except the remote or streaming service
noted above;
 Any movie theater;
 Any indoor common portions of retail shopping malls with 100,000 or more square feet
of retail space available for lease;
 All places of public amusement, whether indoors or outdoors, including but not limited to,
locations with amusement rides, carnivals, amusement parks, water parks, aquariums,
zoos, arcades, fairs, children’s play centers, funplexes, theme parks, bowling alleys,
family and children’s attractions; and
 Any barbershops, hair salons, tattoo or piercing parlors and related personal care
services, including nail technicians, cosmetologists and estheticians, and the provision of
electrolysis, laser hair removal services.

For more information on New York’s response to COVID-19 and guidance on cleaning and
disinfection of facilities, please refer to the New York State Department of Health’s webpage at:
https://coronavirus.health.ny.gov/home.

Additional information from the United States Centers for Disease Control and Prevention can
be found at: https://www.cdc.gov/coronavirus/2019-ncov/.

Note: all directives are subject to change.

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