On March 20, 2020, New York Governor Andrew Cuomo issued Executive Order 202.8 (“NY EO 202.8”), effective as of 8 pm on March 22, 2020, which requires all non-essential businesses to reduce their in-person workforce by 100% through April 19. NY EO 202.8 is an integral part of Governor Cuomo’s 10-point “New York State on PAUSE” policy, which aims to reduce the impact of the COVID-19 public health emergency through social distancing measures. Governor Cuomo has issued a series of Executive Orders that provide the guidelines for what businesses perform “essential services or functions.” Such services and functions are discussed in detail below. Although the New York restrictions look very similar to what other States are calling “shelter in place” orders, Governor Cuomo has not used this terminology to describe the “New York State on PAUSE” policy.
On March 21, 2020, Governor Murphy of New Jersey signed Executive Order No. 107 (the “NJ Order”), which contains new standards for businesses, effective at 9:00 pm on March 21, 2020. The primary effect of the NJ Order is to encourage residents to remain home by shutting down most retail operations in the state, and by curtailing attendance at non-retail workplaces as much as technology will permit. The NJ Order will remain in effect until revoked or modified by the Governor.
On March 20, 2020, Governor Ned Lamont of Connecticut issued Executive Order 7H mandating all non-essential businesses and nonprofit entities to reduce their in-person workforce at each business location by 100% by March 23, 2020. On March 22, 2020, Governor Lamont issued Executive Order 7J clarifying obligations of non-essential businesses (7H and 7J orders hereinafter referred as the “CT Executive Orders”). The Connecticut Department of Economic and Community Development further issued binding guidelines on essential businesses on March 22, 2020 (the “CT Guidelines”).