Tag Archives: New York

Gatherings of Up to 25 People Allowed in Phase III Regions in New York and Western New York to Enter Phase III Tomorrow

By Minhee Lee

Governor Cuomo announced today that global public health experts have given Western New York the green light to enter Phase III reopening, joining five other New York regions already in Phase III— Central New York, the Finger Lakes, the Mohawk Valley, the North Country, and the Southern Tier. The Capital Region, which encompasses Albany, the state capital, is on track to follow suit on Wednesday, June 17. Gatherings of up to 25 people will also be permitted in regions currently in or entering Phase III. This is an expansion from the previous restriction of 10 people.

The benchmark numbers continue to go down according to the press release—the three-day average on COVID-19 related hospitalizations and fatalities has hit the lowest point since the beginning of the pandemic. Only 1.1% of 56,611 tests that took place across the state yesterday came back positive. Even in New York City, the state’s COVID-19 epicenter, the testing came back positive at a rate of 1.3% on Sunday, down from 1.4% on Saturday, and 1.7% on Friday. New York City is currently in Phase I.

New York’s Construction Master Guidance Requires COVID-19 Precautions for All Projects

Governor Andrew Cuomo has released interim guidance regarding construction in New York state. These guidelines apply to both nonessential construction businesses in regions that are permitted to reopen and essential construction businesses throughout the state that were previously permitted to remain open.

To read the full text of this Duane Morris Alert, please visit the firm website.

New York Forward Plan Reopens Construction in Phase One

On May 15, 2020, Governor Andrew Cuomo’s Executive Orders 202.6 and 202.8, which stopped all nonessential work in New York, will expire. New York will then shift to “New York Forward,” the state’s plan to reopen nonessential businesses and return people to work, without triggering renewed spread of COVID-19 or overwhelming the healthcare system.

To read the full text of this Duane Morris Alert, please visit the firm website.

New York Announces Phased Approach for Re-Opening Businesses

On April 27th, Governor Cuomo outlined a phased plan to re-open New York starting with construction and manufacturing. Based on CDC recommendations, once a region experiences a 14-day decline in the hospitalization rate they may begin a phased re-opening. The plan will be implemented in phases and will be based on regional analysis and determinations.

To read the full post by Duane Morris partner Brad Molotsky, please visit the Duane Morris Project Development/Infrastructure/P3 Blog.

Overview of Federal and State COVID-19 Relief Programs for New York

In response to the COVID-19 pandemic, federal, state and local governments, through both legislative and executive action, have enacted or ordered a broad array of financial measures to mitigate the adverse economic effects experienced by businesses and nonprofit entities.

To read the full text of this Alert, which will identify and explain the economic programs established by the federal government, New York state and New York City to help businesses in New York that are experiencing financial loss due to COVID-19, please visit the firm website.

New Jersey and New York Governors Mandate Masks and Other Measures to Protect Workers and Citizens

Governors Cuomo and Murphy announced additional measures intended to protect workers and citizens in New York and New Jersey.

On April 12, 2020, New York Governor Andrew Cuomo issued Executive Order 202.16, which will require employees of essential businesses who are present in the workplace to wear face coverings when in direct contact with customers or members of the public. This order goes into effect April 15, 2020, at 8:00 p.m.

On April 8, 2020, New Jersey Governor Phil Murphy issued Executive Order 122, which created new restrictions and requirements applicable to certain employers across the state, specifically those involved in warehousing, manufacturing, essential retail businesses and construction. In addition to closing all nonessential construction, the order mandates various new requirements employers must implement such as policies for employees to wear cloth face coverings and gloves. Executive Order 122 went into effect on April 10 at 8:00 p.m.

To read the full text of this Duane Morris Alert, please visit the firm website.

Update to Various State Construction Closure Orders Related to COVID-19

This list is current as of April 14, 2020 (4:00 p.m. EST) and is and Update to an earlier Alert we posted on April 3rd. Please note that these closure orders are changing almost daily so please make sure you are checking the applicable state in question when considering a closure question.

To read the full text of this post by Duane Morris partner Brad Molotsky, please visit the Duane Morris Project Development/Infrastructure/P3 Blog.

New York Issues Updated Guidance on the Definition of “Essential Business” and “Non-Essential Business”

On April 9, the Governor issued and updated Executive Order (202.6) to provide further guidance on determining whether a business is “Essential” (and thereby permitted to operate) or “Non-Essential” (and, thereby NOT permitted to operate).

To read the full text of this post by Duane Morris partner Brad Molotsky, please visit the Duane Morris Project Development/Infrastructure/P3 Blog.

Crisis Standards of Care Guidelines to Address the COVID-19 Pandemic

Since March 13, 2020, when President Trump declared a national state of emergency due to the COVID-19 crisis, we have been in a healthcare crisis. The United States’ response to the COVID-19 pandemic has been plagued by increasing shortages of personal protective equipment (PPE), supplies, beds and physicians necessary to care for COVID-19 patients. In addition, drastic patient surges, limited numbers of life-saving ventilators and healthcare providers who have been working tirelessly for weeks in a constant state of emergency all contribute to an extremely strained health system. Not only do more and more patients need care each day, healthcare providers must work quickly to diagnose, triage and treat patients, as well as make difficult decisions on how ventilators are assigned and reassigned. And we have yet to hit the anticipated spikes in COVID-19 cases.

Accordingly, states have either implemented or developed Crisis Standards of Care (CSC). A CSC is triggered when healthcare systems are so overwhelmed by a pervasive or catastrophic public health event, such as COVID-19, that it is impossible for them to provide the normal, or standard, level of care to patients. Instead of meeting the standard of care to avoid liability, providers must now meet the crisis standards of care as set-forth on a statewide basis or adapted by individual facilities.

To read the full text of this Duane Morris Alert, please visit the firm website.

Cannabis Industry and State Regulators Forced by COVID-19 to Evaluate and Improve Methods of Cannabis Delivery and Access

Cannabis operators, like all other businesses, are searching for new ways to reach their customers during the COVID-19 pandemic. Cannabis businesses have been generally treated as “essential” under the various state orders that have otherwise closed businesses and ordered people to stay at home. Even though they have been permitted to operate, it is not business-as-usual for these operators as they grapple with CDC workplace restrictions and guidelines for reducing the spread of COVID-19.

As a result of these restrictions, state regulators and cannabis business have begun implementing new policies and procedures such as curbside pick-up, expanded delivery zones and increased use of contactless payment methods. While these changes are viewed as temporary, if properly implemented, cannabis businesses may be able to show regulators that these expanded policies should continue after the crisis has passed. This difficult time presents an opportunity for cannabis retailers to expand their reach and help bolster support for more online ordering, home delivery and other delivery methods.

To read the full text of this post by Duane Morris attorneys Justin A. SantarosaArletta BussiereJoe Pangaro and Justin Stern, which contains a summary of how several states have handled the COVID-19 pandemic in relation to the operations of cannabis businesses during the stay-at-home orders, please visit the Duane Morris Cannabis Industry Blog.