{"id":10760,"date":"2026-05-23T05:16:58","date_gmt":"2026-05-23T05:16:58","guid":{"rendered":"https:\/\/usatrustedlawyers.com\/blog\/n-y-governor-cuomo-announces-statewide-mandate-that-employees-of-non-essential-businesses-cannot-report-in-person-to-the-workplace-and-that-individuals-remain-indoors-to-the-greatest-extent-possible\/"},"modified":"2026-05-23T05:16:58","modified_gmt":"2026-05-23T05:16:58","slug":"n-y-governor-cuomo-announces-statewide-mandate-that-employees-of-non-essential-businesses-cannot-report-in-person-to-the-workplace-and-that-individuals-remain-indoors-to-the-greatest-extent-possible","status":"publish","type":"post","link":"https:\/\/usatrustedlawyers.com\/blog\/n-y-governor-cuomo-announces-statewide-mandate-that-employees-of-non-essential-businesses-cannot-report-in-person-to-the-workplace-and-that-individuals-remain-indoors-to-the-greatest-extent-possible\/","title":{"rendered":"N.Y. Governor Cuomo Announces Statewide Mandate that Employees of Non-Essential Businesses Cannot Report In Person to the Workplace, and that Individuals Remain Indoors to the Greatest Extent Possible"},"content":{"rendered":"\n
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July 1, 2020 Update.\u00a0 New York Governor Cuomo has issued new executive orders regarding the permissible size of non-essential gatherings in certain regions, while New York State has issued updated guidance on such gatherings.\u00a0 Specifically, New York Governor Cuomo issued an executive order<\/a> on June 15, 2020 permitting non-essential gatherings of twenty-five or fewer individuals in regions that have reached Phase Three of the New York reopening plan, and an executive order<\/a> on June 26, 2020 permitting non-essential gatherings of fifty or fewer individuals under certain conditions in regions that have reached Phase Four of the New York reopening plan. Finally, on June 29, 2020 New York updated its guidance<\/a> regarding, among other things, prohibited non-essential gatherings. These new orders and guidance have been incorporated into the post below.<\/p>\n

May 26, 2020 Update.\u00a0 On May 22, 2020, New York Governor Cuomo signed an Executive Order<\/a> permitting non-essential gatherings of ten or fewer individuals for any lawful purpose, provided that social distancing protocols are adhered to.\u00a0 On May 25, 2020, New York updated its guidance<\/a> regarding prohibited non-essential gatherings, and clarified that the May 22 Executive Order does not permit businesses not otherwise authorized to operate to reopen.\u00a0 This guidance has been incorporated into the below post.<\/p>\n

May 22, 2020 Update.\u00a0 On May 21, 2020, New York Governor Cuomo signed an Executive Order<\/a> permitting certain small religious gatherings and Memorial Day observances, provided that social distancing protocols are adhered to.\u00a0 New York updated its guidance<\/a> regarding prohibited non-essential gatherings accordingly, and that guidance has been incorporated into the below post.<\/p>\n

May 18, 2020 Update.\u00a0 On May 16, 2020, New York updated its guidance<\/a> regarding which businesses are essential for purposes of having employees report in person to the workplace.\u00a0 The updated guidance provides additional details for both essential and non-essential businesses, and has been incorporated into the below post.<\/p>\n

May 15, 2020 Update.\u00a0 On May 14, 2020, New York Governor Andrew Cuomo signed an Executive Order<\/a> extending New York on PAUSE through May 28, 2020.\u00a0 This Executive Order also sets forth the parameters by which certain regions of New York State may begin to open as of 12:01 a.m. on May 15, 2020.\u00a0 Our post, N.Y. Governor Cuomo Permits Certain Regions of New York State to Reopen While Others Remain on PAUSE explains this Executive Order in further detail.<\/p>\n

April 16, 2020 Update.\u00a0 On April 16, 2020, New York Governor Andrew Cuomo announced an extension of the New York State on PAUSE executive order, including the prohibition on non-essential businesses having employees report in person to the workplace, for an additional two weeks through May 15, 2020.<\/p>\n

April 13, 2020 Update.\u00a0 On April 12, 2020, New York Governor Cuomo signed an Executive Order<\/a> requiring all essential businesses or entities to provide, at their expense, face coverings to employees in direct contact with customers or members of the public.\u00a0 This requirement is effective as of Wednesday, April 15 at 8 p.m.\u00a0 Local governments and local law enforcement may enforce this requirement, and non-compliance could result in fines or imprisonment.<\/p>\n

April 10, 2020 Update.\u00a0 On April 9, 2020, New York updated its guidance<\/a> as to which businesses are essential for purposes of having employees report in person to the workplace.\u00a0 The updated guidance provides additional details for both essential and non-essential businesses.\u00a0 Regarding non-essential businesses, the guidance specifically enumerates certain businesses as \u201cnon-essential\u201d and \u201ctherefore, unable to request a designation\u201d from the State that they are essential.\u00a0 This list includes large gathering or event venues, dine-in restaurants (excluding take-out or delivery options), gyms and fitness centers, movie theaters, shopping malls and other places of public amusement.\u00a0<\/p>\n

Regarding essential businesses, the guidance provides updated examples of essential services in various categories; specifically excludes debt collection as an essential business; contains additional guidance regarding construction; and includes information for professional services, including lawyers and real estate services.\u00a0 This new guidance has been incorporated into this updated post.<\/p>\n

April 7, 2020 Update.\u00a0 On April 6, 2020, New York Governor Andrew Cuomo announced<\/a> an extension of the New York State on PAUSE executive order, including the prohibition on non-essential businesses having employees report in person to the workplace, for an additional two weeks through April 29, 2020.\u00a0<\/p>\n

March 20, 2020 Update.\u00a0 On the afternoon of March 20, 2020, New York State\u00a0issued\u00a0updated guidance\u00a0<\/a>on what constitutes \u201cessential services\u201d under PAUSE. \u00a0The updated guidance further restricts services previously deemed \u201cessential,\u201d and adds certain additional services to the list, such as services related to financial markets and hotels. \u00a0This new guidance has been incorporated to this updated post.
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On the morning of March 20, 2020, N.Y. Governor Cuomo announced<\/a> that he will sign an Executive Order entitled New York State on PAUSE (Policies that Assure Uniform Safety for Everyone) (\u201cPAUSE\u201d).\u00a0 This Executive Order consists of two rules:\u00a0 (1) non-essential businesses statewide must not have their employees report to the workplace; and (2) individuals must remain indoors to the greatest extent possible.\u00a0 PAUSE modifies Governor Cuomo\u2019s previous Executive Orders of March 18 and March 19 (the \u201cPrevious Executive Orders\u201d) mandating that employers could have no more than 50% and 25% of employees, respectively, report in person to the workplace.\u00a0 Businesses that are performing \u201cessential services or functions\u201d are exempt.\u00a0<\/p>\n

Non-Essential Businesses:\u00a0 No Employees Can Report In Person <\/p>\n

In accordance with the first rule of PAUSE, effective March 22 at 8 p.m., employers that do not fall into the \u201cessential\u201d function exemption may not allow their workers to report in person.\u00a0 The Previous Executive Orders mandated that \u201call businesses and not-for-profit entities in New York State shall utilize, to the maximum extent possible, any telecommuting or work from home procedures that they can safely utilize.\u201d\u00a0 Governor Cuomo explained that the repercussions for non-compliance with this order will be mandatory business closure and civil fines.\u00a0<\/p>\n

Governor Cuomo has extended this Executive Order multiple times since its signing.\u00a0 As of May 15, 2020 New York State on PAUSE remains in effect until May 28, 2020.<\/p>\n

The New York State Department of Economic Development (d\/b\/a Empire State Development Corporation (\u201cESDC\u201d)) updated its guidance<\/a>\u00a0designating certain businesses as non-essential, such that these business may not request an opinion from ESDC deeming them essential.\u00a0As of July 1, 2020,\u00a0these non-essential businesses include:<\/p>\n