Guidance for Determining Whether a Business Enterprise Is Subject to a 75% Workforce Reduction Under Executive Order 202.6

On March 18, 2020, Executive Order 202.6 (or as revised) directed that all 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.

It is directed that, no later than March 20, 2020 at 8 p.m., each for-profit or not-for profit employer (excluding state and local governments and authorities) shall reduce the in-person workforce at each business/work location by 75% from pre-state of emergency declaration employment levels.

For guidance on determining whether your business is subject to this mandatory reduction, please click here.

 

New York State COVID-19 Update:

As of March 19, New York has 4152 cases of COVID-19. The State will begin to implement the Governor’s two new Executive Orders. EO 202.5 suspends laws and regulations related to healthcare practitioners who are in current good standing, hospital capacity, nursing home and long-term care program requirements. EO 202.6 reduces the in-person workforce at any work location by 50% (exemptions apply*).

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NYS Legislative Action Update:

S.8091/A.10153 – Provides requirements for sick leave and the provision of paid family leave and disability benefits when an employee is subject to a mandatory or precautionary order of quarantine or isolation due to COVID-19. The bill applies to both private and public sector employees.

New York State COVID-19 Update:

On March 18, Governor Cuomo announced that New York has 2,382 cases of COVID-19 and 20 related deaths. Health care and capacity remains the priority. The tri-state agreement between NY, NJ and CT that was reached on March 16 now includes participation from Pennsylvania.

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New York State COVID-19 Update:

As of March 17, New York has 1,374 positive COVID-19 cases and 12 related deaths. According to a press conference held this morning by Governor Cuomo, additional changes will be made to the state in response to the growing COVID-19 pandemic including a Paid Sick Leave expansion, hospital capacity building plans and closings.

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New York State COVID-19 Update:

Beginning with the declaration of a State of Emergency, the Governor has enacted three Executive Orders since March 3.

On March 3, Governor Cuomo signed into law a $40 million emergency management authorization that will allow the State to hire additional staff and procure equipment and any other resources necessary to respond to the evolving situation. To date, the Governor has released three executive orders. EO 202 declared a state of emergency, suspended related laws to allow for State contracts to be expanded and awarded, and the release of additional resources in response to the outbreak. EO 202.1 suspends laws and regulations to allow for expansion of services and temporary facilities for health and human services providers; grants flexibility childcare-related laws, suspends regulations to prevent delays in providing home delivered meals through EISEP; removes the 180-day school attendance requirement; suspends laws relating to waiting periods for unemployment insurance claimants whose claims arise from the COVID-19 outbreak; and suspends laws relating to emergency procurement. EO 202.2 temporarily modifies election procedures to reduce the spread of the virus. The Governor is making day-by-day changes, and continues to call upon the Trump Administration to dictate a uniform, country-wide plan.

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H&L Team Welcomes Carrie Harring

Hodes & Landy is pleased to welcome Carrie Harring, MBA to the team! As Legislative Associate, Ms. Harring assists in all facets of client representation and strategy development, including providing research and analysis on policy development, legislation, and regulations in New York.

Her experience with the New York State legislature and government includes serving most recently as an Excelsior Fellow at the NYS Office for People with Developmental Disabilities. Prior to that appointment, Ms. Harring worked to advance the agenda of a prominent statewide physician-membership organization as their Governmental Affairs Legislative Associate. Ms. Harring holds a bachelors degree in Healthcare Administration and a Masters of Business Administration from the Sage Colleges.We’re thrilled to have Carrie on board!

Making Progress Happen: Governor Cuomo’s 2020-21 Budget Address

On January 21, Governor Cuomo delivered his tenth Executive Budget Address, proposing a $178.6 billion spending plan and strategies to address a $6.1 billion projected budget deficit. Fiscal highlights of the budget include:

  • Continuing to cap the growth of Medicaid spending to three percent,
  • Increasing School Aid by $826 million (three percent),
  • Providing $7.8 billion in State support for higher education in New York (a 29 percent since FY 2012), and
  • Continuing a phase in of a Middle Class Tax Cut for nearly five million New Yorkers (saving them more than $1.8 billion this year)
  • The Governor pledged $33 billion over five years to combat Climate Change, an ambitious $275 billion infrastructure plan, an aggressive strategy and investment in housing and services for the homeless and
    $157 million to expand the Empire State Child Tax Credit.In light of the recent anti-semitic attack in Monsey, the Governor will invest an additional $25 million for religious and non-religious not-for-profit organizations that are vulnerable to hate crimes.

    The most highly anticipated announcement of the address relates to Medicaid spending. Cuomo announced he will address the Medicaid shortfall by reinstating the Medicaid Redesign Team (MRT II) to propose $2.5 billion in savings to be in place by the April 1 budget deadline. In addition to capping growth at three percent; the Governor provided local governments with the incentive of reaping 25 percent of the savings should they come in under the three percent cap.

    Executive Budget legislation has been introduced and lawmakers will begin examining the details before introducing their One House Budget proposals sometime next month. Negotiations will then begin in earnest as the State Budget is due April 1.

State of the State 2020: Making Progress Happen

On January 8, Governor Cuomo delivered his tenth State of the State Address, themed “Making Progress Happen.” He set the stage by deeming New York as the progressive capital of the country for its results-driven leadership during this turbulent time with a divided nation and polarized Federal government, pledging that New York will continue forward with a robust and aggressive agenda.

State of the State Set for January 8

Governor Cuomo has announced that he will give his 2020 State of the State address at the Empire State Plaza Convention Center Wednesday, January 8 at 1:30 p.m., the first day of the regular 2020 Legislative Session.  For the first time since 2015, the budget address will be held separately, later in January.

The address will follow a groundbreaking 2019 session during which 935 bills were passed by the legislature, touted by Cuomo as “the most productive legislative session in modern history.” The volume of bills and staff changes within the Executive branch has resulted in an unusually busy December for Executive staff and those in the Legislature responsible for negotiating last minute “Chapter amendments” to bills to avoid veto.  As of December 23, 2019, 731 bills have been signed, 157 vetoed, 27 are on the Governor’s desk awaiting action, and 16 have yet to be delivered to the Governor.

2020 promises to be a challenging session for lawmakers as they seek to tackle a $6.1 billion budget gap due in large part to Medicaid spending. Governor Cuomo promises to build on 2019’s accomplishments and “set the bar even higher, making progress happen for the people of this great state.”