Mayor Bill de Blasio has announced that New York City will enter Phase 2 of the "NY Forward" reopening plan on Monday, June 22, 2020. To date, seven Regions in New York are in Phase 3 (Capital Region, Central New York, Finger Lakes, Mohawk Valley, North Country, Western New York, and Southern Tier). New York City will thus join the Mid-Hudson and Long Island Regions in Phase 2.
As we previously advised, businesses permitted to open in Phase 2 include:
- Real estate services;
- In-store retail establishments;
- Vehicle sales, leases, and rentals;
- Retail rental, repair, and cleaning—including but not limited to electronics repair, equipment rental, and laundromats;
- Commercial building management; and
- Hair salons and barber shops.
Additionally, as we detailed here, outdoor dining at restaurants is now permitted in Phase 2. Playgrounds in NYC will also reopen during Phase 2.
As employers move "NY Forward," they should continue to monitor the State's guidance as it relates to their specific industry.1 For example, as we recently advised, the New York State Department of Health has issued interim guidance for outdoor and take-out services, which relevant businesses are expected to acknowledge through an online portal.
Further, New York State has issued summary guidelines related to outdoor dining and take-out services, mandating certain requirements relating to physical distancing, protective equipment, hygiene, cleaning, communication, and screening, and further recommending best practices on the same.
Davis Wright Tremaine attorneys remain available to help employers across New York State and elsewhere with the reopening process and will provide updated information as it becomes available, including any changes to "interim" guidance.
The facts, laws, and regulations regarding COVID-19 are developing rapidly. Since the date of publication, there may be new or additional information not referenced in this advisory. Please consult with your legal counsel for guidance.
DWT will continue to provide up-to-date insights and virtual events regarding COVID-19 concerns. Our most recent insights, as well as information about recorded and upcoming virtual events, are available at www.dwt.com/COVID-19.