Governor’s Executive Order No. 202.5

Governor’s Executive Order No. 202.5

  • Executive Order 202.5
    • Any village election set to be held March 18, 2020 shall be postponed and any elected official holding such position shall remain in office until such time as a new election is held.
    • Effective at 8 p.m. March 19, 2020, all indoor common portions of retail shopping malls with in excess of 100,000 square feet of retail space available for lease shall close and cease access to the public. Any stores located within shopping malls, which have their own external entrances open to the public, separate from the general mall entrance, may remain open, subject to the requirements of Executive Order 202.3 that any restaurant shall limit itself to take out or delivery food services, and that any interior entrances to common areas of the mall remain closed and locked.
    • 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 shall likewise be closed to the public at 8 p.m. on March 19.
  • We are still awaiting the Executive Order the Governor announced this morning requiring non-essential private businesses to reduce their on-premise workforce by 50%. Some unofficial details have been posted on the Governor’s website:
    • “Governor Cuomo will issue an executive order directing non-essential businesses to implement work-from-home policies effective Friday, March 20. Businesses that rely on in-office personnel must decrease their in-office workforce by 50 percent.”
    • “Exemptions from the order will include shipping, media, warehousing, grocery and food production, pharmacies, healthcare providers, utilities, banks and related financial institutions.”
  • The Senate and Assembly have passed a guaranteed access to sick leave bill for those impacted by coronavirus only. This legislation does not extend beyond the workers who are impacted by coronavirus. The legislation is expected to be signed by Governor Cuomo today and is effective immediately. The bill includes the following requirements:
    • Small Employers (1-10 employees) – employees subject to a mandatory or precautionary order of quarantine or isolation due to COVID-19 will receive unpaid sick days and the ability immediately to qualify for paid family leave and temporary disability benefits, plus full job protection.
    • Medium Sized Employers (11-99 employees) & Small Employers (1-10 employees) with a net income of $1 million a year or more –  employees subject to a mandatory or precautionary order of quarantine or isolation due to COVID-19 will receive five paid sick days and the ability immediately thereafter to qualify for paid family leave and temporary disability benefits, plus full job protection.
    • Large Employers (100 or more employees) and Public Employees – employees subject to a mandatory or precautionary order of quarantine or isolation due to COVID-19 will receive paid sick days for the entirety of the quarantine (up to 14 days), plus full job protection.
    • All employees subject to a mandatory or precautionary order of quarantine or isolation due to COVID-19 are given full job protection during time of absence. Employees will qualify for paid family leave to care for a minor dependent child who is subject to a mandatory or precautionary order of quarantine or isolation due to COVID-19.
  • Comprehensive paid sick leave legislation is expected to be taken up as part of the budget.
  • Senator Skoufis and 30 of his majority conference colleagues have written a letter to Governor Cuomo asking him to stop collecting sales tax. Similarly, the Empire State Restaurant and Tavern Association and the New York State Restaurant Association sent a letter to the Governor asking him to delay the sales tax payment that is due Friday, March 20th as well.
  • Pennsylvania has joined New York, New Jersey, and Connecticut’s regional coalition to combat COVID-19 by limiting social gatherings to 50 people, and closing restaurants, bars, gyms, and casinos. The four Governors also announced that indoor portions of retail shopping malls, amusement parks, and bowling alleys in the four states will close by 8 PM Thursday.

Attached please find a comprehensive document with guidance from across government agencies. We will be updating this document as information becomes available and including it in our daily updates.

Please let us know if you have any questions or concerns.


Ostroff Associates | 150 State Street, Suite 301 | Albany, New York 12207 | (518) 436-6202 | ostroffassociates.com

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