Governor Cuomo has ordered all employers limit their staff capacity, requiring 100% of non-essential employees to work from home.
Businesses within essential service industries are exempt from these reductions, including: shipping, media, warehousing, grocery and food production, pharmacies, healthcare providers, utilities, banks and related financial institutions, and other industries critical to the supply chain.
For more clarification on the Governor's directive on essential vs. non-essential businesses, please click here.
Businesses unsure if they are included within in exempt categories but still believe they are providing essential services or functions can request a waiver from these reductions by completing this form.
Further business related questions can be forwarded to Empire State Development by clicking here.
ESD's Frequently Asked Questions link will also be updated as new information comes in: https://esd.ny.gov/esd-covid-19-related-resources
Guidance on Governor's Executive Order Requiring Face Coverings for Public and Private Employees Interacting with the Public
- Essential businesses, as well as state and local government agencies and authorities, must procure, fashion, or otherwise obtain face coverings and provide such coverings to employees who directly interact with the public during the course of their work at no-cost to the employee. Businesses are deemed essential by the Empire State Development Corporation (ESD), pursuant to the authority provided in Executive Order 202.6. Please visit the ESD website for specific information on essential businesses. For the purpose of this guidance, essential businesses shall also provide face coverings to contractors, including independent contractors.
- Face coverings include, but are not limited to, cloth (e.g. homemade sewn, quick cut, bandana), surgical masks, N-95 respirators, and face shields. Please visit the Centers for Disease Control and Prevention’s “Coronavirus Disease 2019 (COVID-19)” website for information on cloth face covers and other types of personal protective equipment (PPE), as well as instructions on use and cleaning.
- Direct interaction with the public shall be determined by the employer, but, at a minimum, shall include any employee who is routinely within close contact (i.e. six feet or less) with members of the public, including but not limited to customers or clients.
- Employees are allowed to use their own face coverings, but shall not be mandated to do so by their employer. Further, this guidance shall not prevent employees from wearing more protective coverings (e.g. surgical masks, N-95 respirators, or face shields) if the individual is already in possession of such PPE, or if the employer otherwise requires employees to wear more protective PPE due to the nature of their work (e.g. healthcare).
- Employees are required to wear face coverings when in direct contact with members of the public, except where doing so would inhibit or otherwise impair the employee’s health. Employers are prohibited from requesting or requiring medical or other documentation from an employee who declines to wear a face covering due to a medical or other health condition that prevents such usage.
- Employees who are unable to wear face coverings and are susceptible to COVID-19 based on the “Matilda’s Law” criteria (i.e. individuals who are 70 years of age or older, individuals with compromised immune systems, and individuals with underlying illnesses) should consult with their employer to consider reasonable accommodations, including but not limited to different PPE, alternate work location, or alternate work assignment with fewer interactions with the public. Employers should work with their employees to see if they can be accommodated to ensure the employee can continue to deliver essential services in the safest manner possible.
- If an employer is unable to procure, fashion, or otherwise obtain face coverings for their employees, they may consult with their local office of emergency management to determine if extra supplies exist within the municipality for this purpose and, if so, they may submit a request for face coverings. Please note that quantites are extremely limited and are prioritized for health care workers and first responders. Not being able to source face coverings does not relieve an employer’s obligation to provide such face coverings to their employees.
- Nothing in this guidance shall supercede the respiratory protection equipment requirements set forth by the United States Department of Labor’s Occupational Safety and Health Administration (OSHA).
Federal Coronavirus Aid, Relief, and Economic Security (CARES) Act for Small Business
The CARES Act allocated $350 billion to help small businesses keep workers employed amid the pandemic and economic downturn. Known as the Paycheck Protection Program, the initiative provides 100% federally guaranteed loans to small businesses.
For more information on eligibility and how to apply, please click here: https://www.uschamber.com/sites/default/files/023595_comm_corona_virus_smallbiz_loan_final.pdf
U.S. Small Business Administration (SBA) Assistance
The U.S. Small Business Administration (SBA) is offering two loan programs as a result of the coronavirus (COVID-19) to small businesses throughout New York State.
- SBA Paycheck Protection Program - The Paycheck Protection Program (PPP) is part of the Federal Coronavirus Aid, Relief and Economic Security (CARES) Act, a $2 trillion federal stimulus package passed on March 27. The PPP provides loans of up to $10 million to support small businesses and other eligible entities to pay workers, interest on mortgage obligations, rent, insurance, paid sick or medical leave, utilities, and payroll related costs incurred from Feb. 15, 2020 – June 30, 2020. To read more about the PPP, click here.
- SBA Economic Injury Disaster Loan Program - The SBA’s Economic Injury Disaster Loan (EIDL) Program provides small businesses and non-profits with low-interest loans of up to $2 million that can provide vital economic support to small businesses to help overcome the temporary loss of revenue they are experiencing due COVID-19. Eligible small businesses may now apply for SBA Economic Injury Disaster Loans (EIDL) online at https://disasterloan.sba.gov/ela.
Businesses can take advantage of free assistance offered by SBA’s network of Resource Partners for help with preparing their loan applications. Please visit www.sba.gov/local-assistance to find local help.
The NYS Small Business Development Center network recommends submitting a request for assistance online at http://nyssbdc.org/appointment.html.
Emergency Paid Sick and Family Leave
New federal and state emergency sick and family leave laws offer specific protections for people diagnosed with, have symptoms of, or quarantined for COVID-19, people caring for those with COVID-19, or people caring for children whose schools have closed due to COVID-19.
The federal Families First Coronavirus Response Act takes effect on April 2, 2020, and the state law is currently in effect.
Am I entitled to any paid medical leave if I have COVID-19 or have symptoms of COVID-19? Employees who are diagnosed with or displaying symptoms of COVID-19 are entitled to 80 hours of paid sick leave at full pay, with a maximum of $5,110 total, if they are working for employers of 499 employees or less, with limited exceptions, under federal law.
Am I entitled to any paid medical leave if I am under a mandatory or precautionary quarantine order? Both federal and state law provide protections for those under quarantine or isolation. The state paid leave provisions only apply if they are more protective than the federal leave provisions. The state law protections do not apply to those who are not sick and able to work remotely but under quarantine or self-isolation at home. Whether state or federal protections govern depends on employer size.
This means that in general:
For employers with 100 or more employees: Employees are entitled to 14 days of paid sick leave at full pay under state law.
For employers with between 50 and 99 employees: Employees are entitled to 80 hours of paid sick leave at full pay, with a maximum of $5,110 total, under federal law.
For employers with between 11 and 49 employees or with 10 or fewer employees with net income over $1 million: Under federal law, employers with fewer than 50 employees are obligated to provide up to 80 hours of paid sick leave at full pay, with a maximum of $ 5,110 total, with limited exceptions.
If the employer is not able to provide leave under federal law, employees are still entitled to take sick leave for the duration of their quarantine, with at least five days of sick leave at full pay, under state law. Employees may apply for state paid family leave and temporary disability benefits to cover the rest of the quarantine period. For state family leave benefits, the maximum weekly allowance is $840.70. For emergency temporary disability benefits, the maximum weekly allowance is $2,043.92.
For employers with 10 or fewer employees with net income under $1 million: Under federal law, employers with fewer than 50 employees are obligated to provide up to 80 hours of paid sick leave at full pay, with a maximum of $ 5,110 total, with limited exceptions. If the employer is not able to provide leave under federal law, employees are still entitled to take unpaid sick leave for the duration of their quarantine under state law. Employees may apply for state paid family leave and temporary disability benefits to cover the quarantine period. For state family leave benefits, the maximum weekly allowance is $840.70. For emergency temporary disability benefits, the maximum weekly allowance is $2,043.92. For more information on state paid family leave, please call the PFL Helpline at (844) 337-6303 or visit: https://paidfamilyleave.ny.gov/paid-family-leave-family-care.
Am I entitled to any paid leave if someone in my family has COVID-19 or has been quarantined? Employees are entitled to up to 80 hours of emergency paid family leave, with a maximum of $200 per day and $2,000 in the aggregate, with limited exceptions, under federal law. Employees are also entitled to use state paid family leave to care for sick family members or for children under mandatory quarantine. For state family leave benefits, employees will be compensated at 60% of their average weekly earnings for 10 weeks with a maximum weekly allowance of $840.70 per week. For more information on state paid family leave, please call the PFL Helpline at (844) 337-6303 or visit: https://paidfamilyleave.ny.gov/.
Am I entitled to any paid leave if my children’s school is closed due to COVID-19? Employees are entitled to use federal emergency sick leave and emergency family medical leave to care for children whose schools have closed due to COVID-19 outbreaks if they work for employers with between 50 and 499 employees. Employers with fewer than 50 employees may be exempt from providing family leave if it jeopardizes their business viability. For federal paid sick leave benefits, the maximum is $200 per day and $2,000 in the aggregate. For federal family leave benefits, employees will be compensated at a maximum of $2,000 total for the first two weeks and at 67% of their regular rate for the following ten weeks, with a maximum of $10,000 total.
Am I entitled to any emergency paid leave for COVID-19 if I am an independent contractor? Under federal law, individuals who are self-employed are entitled to receive tax credits for the equivalent of 10 days of paid sick leave at the lesser of 100% of their average daily rate or $511 per day. Individuals are also entitled to receive tax credits for the equivalent of 10 days of paid sick leave at the lesser of 67% of their average daily rate or $200 to care for family members or to care for children whose schools have been closed due to COVID-19. Individuals may receive an additional 50 days of paid family leave at the lesser of 67% of their average daily rate or $200 per day to care for children whose schools have closed due to COVID-19.
For more information on state paid family leave, please call the PFL Helpline at (844) 337-6303 or visit: https://paidfamilyleave.ny.gov/.
Relief to Workers under New York State Law
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State relief for workers full size version.
Relief to Workers under Federal Law
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Federal relief to workers full size version.
Binghamton University Small Business Development Center (SBDC)
604-777-4024
https://www.binghamton.edu/sbdc
SBDC has assisted 100+ small businesses regarding COVID 19, providing assistance on the CARES Act, NYS/Federal Unemployment, Cash Flow and more.
SBDC has transitioned to offer their 1:1 business advisory services virtually through Zoom sessions, or by phone. Use the following link to schedule an appointment with one of their advisors: https://www.binghamton.edu/centers/small-business-development/about/index.html.
To help existing small businesses handle economic loss associated with reduced sales resulting from the coronavirus (COVID-19), financial assistance programs are expected to be released soon from the U.S. Small Business Administration (SBA).
The SBA’s Economic Injury Disaster Loan Program offers loans of up to $2 million to pay fixed debts, payroll, accounts payable and other bills. The interest rate is 3.75% for small businesses without credit available elsewhere; businesses with credit available elsewhere are not eligible. The interest rate for non-profits is 2.75%.
Binghamton Local Development Corporation (BLDC) No-Interest Loans for Businesses
The City of Binghamton has established a $350,000 fund to provide up to $15,000 in zero-interest, 12-month deferred repayment loans to local businesses with fewer than 50 employees. To qualify, businesses must demonstrate a reduction in workforce, customer access, production or other operations due to coronavirus.
Small businesses can find the BLDC loan applications on the City’s website at www.binghamton-ny.gov/binghamton-local-development-corporation-bldc
Completed applications can also be submitted via email to ecodev@cityofbinghamton.com or by mail at the Binghamton Local Development Corporation c/o Department of Economic Development, 38 Hawley St., Binghamton, NY 13901.
Applicants can also call (607) 772-7161 and leave a message to schedule an appointment to submit an application