january 11, 2021
january 5, 2021
january 4, 2021
december 28, 2020
DECEMBER 23, 2020
- Paycheck Protection Program: The Sequel
- Taking the Shot: Can You Require Your Employees to Get Vaccinated Against COVID-19?
- What Employees Need to Know About the Pending $900 Billion COVID-19 Relief Package
december 21, 2020
december 10, 2020
december 7, 2020
- New Statewide Stay-at-Home Orders in Effect as COVID-19 Surges
- Congress Working Toward $908 Billion Coronavirus Relief Package
october 28, 2020
october 22, 2020
October 19, 2020
october 15, 2020
october 12, 2020
october 8, 2020
october 5, 2020
september 22, 2020
september 21, 2020
September 11, 2020
august 4, 2020
july 6, 2020
july 1, 2020
- PPP Loan Deadline May Be Extended as SBA Issues New Rules Relating to Loan Forgiveness and Eligibility
- California Looks to Pass Legislation Concerning Business Interruption Coverage Due to COVID-19
June 29, 2020
June 22, 2020
- PPP Loan Forgiveness Application Forms Updated and Streamlined
- Nevada Division of Insurance to Disallow Policy Exclusions Related to COVID-19
- CDI Announces New Order Regarding Workers’ Compensation Premium Savings for CA Businesses Affected by COVID-19
june 15, 2020
june 10, 2020
- Note to the SBA: Debtors in Bankruptcy Are Eligible for PPP Loans
- California Modifies the Tolling of Statutes of Limitations in Civil Cases
june 8, 2020
June 4, 2020
may 29, 2020
may 28, 2020
may 27, 2020
- Hoteliers Beware: a Return to Business Post-Pandemic Brings With It Potential Legal Liability
- House Contemplates Revisions to the Paycheck Protection Program
may 15, 2020
may 14, 2020
- U.S. House Democrats Introduce HEROES Act, a New $3T Stimulus Package
- SAFE Banking Act for Cannabis-Related Businesses Included in the HEROES Act
may 12, 2020
may 8, 2020
- Treasury and the SBA Issue Guidance Regarding the Employee Retention Credit
- Businesses Reopen in Los Angeles County as Stage 2 of California’s Statewide Plan Begins
- Update: Large Employers Required to Pay Coronavirus-Related Sick Leave Under New L.A. County Ordinance
may 6, 2020
- SBA Extends PPP Certification Safe Harbor to May 14
- EPLI Insurance and Employee Benefits in the Age of the Coronavirus
may 5, 2020
- Update: PPP Guidance Issued by the SBA and U.S. Treasury at Odds With the CARES Act—Michelman & Robinson Files First-of-Its-Kind Lawsuit Challenging FAQs
- NAIC Issues Business Interruption Data Call in the Wake of COVID-19
may 4, 2020
may 1, 2020
april 29, 2020
- Planning for Your Employees' Return to the Workplace
- Los Angeles Hospitality Workers Among Those Thrown a Potential Lifeline
april 24, 2020
- Attention Cannabis Businesses: Hope May Be on the Horizon for Federal COVID-19-Related Relief
- California Department of Insurance Issues Notice Granting Tax-Filing Extension in Response to COVID-19
- SEC Approves Amendments to Nasdaq and NYSE Continued Listing Requirements Due to the COVID-19 Pandemic
April 23, 2020
april 21, 2020
- Additional Funding Is on the Way to Resurrect the PPP
- Certifying Your PPP Loan: Proceed With Caution
april 17, 2020
april 16, 2020
- Employment in the Wake of Coronavirus: EEOC and OSHA Guidance Allows Employers to Go Where They Could Not Go Before
- New Yorkers Ordered to Stay at Home Even Longer Amid the COVID-19 Crisis
- Paycheck Protection Program Funds Exhausted
april 15, 2020
April 14, 2020
- Insurance Companies Have Been Ordered to Provide COVID-19-Related Premium Relief to Businesses and Drivers in California
- What to Do If Your New York Business Has Been Deemed Non-Essential
APRIL 13, 2020
- IP Deadlines and Fees Extended Under the CARES Act
- Employment in the Wake of Coronavirus: Reintegrating Your Workforce in the New Normal
APRIL 10, 2020
- You Successfully Applied for and Received a PPP Loan Under the CARES Act: Now What?
- Safer at Home Order in L.A. Extended to May 15
- Maintaining Your Trade Secrets During the Coronavirus Crisis
APRIL 9, 2020
april 8, 2020
- Congress Looks to Bolster the PPP With Another $250B in Funding
- U.S. Treasury Provides Further Guidance to PPP Borrowers and Lenders
- L.A. Mayor Amends COVID-19-Related Paid Sick Leave Ordinance
april 7, 2020
April 3, 2020
april 2, 2020
april 1, 2020
March 31, 2020
march 30, 2020
- Large Employers Required to Pay Coronavirus-Related Sick Leave Under New L.A. Ordinance
- Insurance Coverage Potentially Triggered by COVID-19
- Attention Insurers: CDI Orders Mandatory Call for Business Interruption Coverage Information in the Wake of COVID-19
- DOL Is Requiring Employers to Post Families First Employee Rights Notice
March 27, 2020
- A Comprehensive Guide to Understanding Coronavirus-Related State Assistance Programs: Who is Giving What to Whom (Part II)
- HHS Relaxing Enforcement of HIPAA to Facilitate Sharing of Information During the COVID-19 Crisis
March 26, 2020
march 25, 2020
march 24, 2020
- Navigating the Coronavirus Pandemic: a Critical Business Review Checklist
- SBA Loans for Companies Impacted by Coronavirus
- SEC Relaxes Federal Proxy Rules for Annual Meetings
march 23, 2020
- Federal Reserve Responds Boldly to Coronavirus-Related Economic Downturn
- The Number of Jurisdictions Implementing Stay-at-Home Orders Is Increasing Exponentially
- Michelman & Robinson’s Guide to Coronavirus-Related Paid Sick Leave and Unemployment Insurance Laws in the Tri-State Area
MARCH 21, 2020
MARCH 20, 2020
- New York Governor’s PAUSE Order
- Illinois Governor’s Statewide Stay-at-Home Order
- Force Majeure Clauses in Commercial Real Estate Contracts
MARCH 19, 2020
- SEC Provides Regulatory Relief for Public Reporting Companies
- Student Loan Borrowers Can Breathe a Sigh of Relief, At Least Temporarily
- California Governor's Statewide Stay-At-Home Order
MARCH 18, 2020
- "Shelter in Place" Orders
- Telecommuting in the Age of Coronavirus
- Families First Coronavirus Response Act Just Passed by the Senate and Signed Into Law by the President
MARCH 17, 2020
MARCH 16, 2020
MARCH 5, 2020
What to Do If Your New York Business Has Been Deemed Non-Essential
APRIL 14, 2020
With his issuance of the “New York State on PAUSE” Executive Order 202, which became effective on March 22, Governor Andrew Cuomo suspended all “non-essential” businesses within New York in an attempt to flatten the curve and fight COVID-19. Along with his order came a list of businesses considered “essential” and allowed to continue operation, while enacting certain social distancing guidelines as best possible. Since then, the list of essential businesses has expanded, with the Empire State Development Corporation (ESDC) issuing further guidance toward that end on April 3.
Of course, if the type of business you operate is among those specifically listed as essential within the PAUSE order or subsequently by way of ESDC guidance, you are free to continue operations in New York. But what if your business has not been specifically enumerated as such by the governor or otherwise? In that instance, can you operate in any capacity? Here, Michelman & Robinson provides some clarity.
Classifications in Flux
It must be understood that with the PAUSE order, Governor Cuomo shut down in-person operations of non-essential businesses only. That being said, there are still services that some of these non-essentials can continue to provide—at least virtually or through third-party fulfillment centers—that may be considered acceptable. Likewise, whether a business is or is not essential is something of a moving target.
By way of example, the ESDC’s guidance on the PAUSE order adjusted Governor Cuomo’s initial listing and deemed the real estate business to be essential—albeit with caveats. Real estate brokers can transact business in their offices only, and have to show properties virtually. The ESDC declared law firms to be essential businesses too, though legal services must be rendered remotely whenever possible. The point here is that both of these businesses were not originally listed as essential in the governor’s PAUSE order. As such, there is some fluidity to an entity’s classification. Note, however, that this can work both ways, and if your business is currently operating under the belief that it is essential, you must be prepared for unexpected closure if the state finds that your business does not meet the criteria for such designation.
Reclassifying Your Business
There are some establishments that have been specifically called out as non-essential—golf courses, for instance, which were previously operating after the governor’s order have now been forced to close by the ESDC. Other businesses that have been shuttered by the PAUSE order (and are ineligible for reconsideration discussed below) involve gatherings, such as concert halls, theaters, conference venues, restaurants (for on-premises dining) and bars, casinos, gyms, salons, barbershops, public amusement facilities, and malls.
Assuming you do not operate one of the foregoing (or similar type) establishments—which cannot be open to the public at this time under any circumstances—but your business has nevertheless been left off the essential list compiled by the ESDC, you may have recourse. In fact, if you have determined that your business has not been labeled as essential pursuant to the ESDC’s guidance, you can still request that your business be so designated by the organization.
To successfully do so, you must demonstrate that your business should be deemed essential because it is in the best interests of New York to have your workforce continue at full capacity as the state responds to the COVID-19 emergency. If yours is not one of those businesses set forth above that are flatly ineligible for essential business consideration, it may be worthwhile to apply for designation as essential on the ESDC website. This is particularly true if your business provides any of the offerings on the ESDC’s list of essential services, even partially. If so, then you may be a strong candidate to be classified as essential
We are working diligently to keep our clients up to date on coronavirus-related developments. Nevertheless, these developments are changing daily and, in some cases even hourly, so it is important that you make sure you are dealing with the most current information. That being said, this alert is not offered, and should not be relied on, as legal advice. You should consult an attorney for guidance and counsel regarding any specific concern or situation.