Legal Analysis on Executive Order Allowing Businesses to Deny Entry to People Without Masks

Screenshot of Barry Covert Discussing COVID-19 Face Mask Executive Order With WGRZ

Following a statewide shutdown due to the coronavirus pandemic, New York State has begun phases of reopening. As counties in Western New York are on the brink of entering Phase II of reopening, businesses continue to assess how to address health concerns.

In public briefings, Governor Andrew Cuomo has stressed the importance of all citizens wearing face masks when in public to help prevent further spread of COVID-19. This week, Governor Cuomo issued a new executive order, which allows New York State businesses to deny entry to customers who are not wearing a mask or face covering.

As part of the ongoing coverage of the coronavirus pandemic, WGRZ 2 On Your Side recently aired a story on Governor Cuomo’s new executive order. Reporter Jackie Roberts explored the legal rights of customers and how this executive order may be enforced. Attorney Barry Covert was interviewed to provide legal analysis for this report.
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Exploring the Differences Between “Furlough” and “Layoff” During COVID-19 Pandemic

The Coronavirus pandemic has impacted virtually every facet of the U.S. economy. Over 22 million Americans are currently unemployed. While COVID-19 is the common cause of unemployment for millions of people, the challenges they face may depend on whether they were furloughed or laid off by their employer.

WKBW 7 Eyewitness News recently aired a report on unemployment issues during the COVID-19 crisis and specifically explored the differences between a furlough and a layoff. Labor and Employment attorney Robert L. Boreanaz was interviewed by WKBW reporter Gilat Melamed for the story.
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New York State Updates “Essential Business” Guidelines

Click here for a printer-friendly PDF of this Special Alert.

As detailed in a previous Special Alert from Lipsitz Green Scime Cambria, Governor Andrew Cuomo signed the “New York on Pause” Executive Order, effective as of March 22, 2020, which required a 100% workforce reduction for any business or organization that is not “essential.”

On April 9, 2020, Empire State Development (ESD) updated its guidelines by further clarifying and expanding the scope of businesses considered “essential” (Essential Business). Prior guidance issued by the ESD is now superseded by revised guidelines issued by the ESD yesterday and summarized below.


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