Legal Media Analysts

Tuesday, March 24, 2020

What Happens When You Ignore the Essential Services Executive Order

Beyond injuring others and being a terrible person, have you looked-up the exposure for violating Executive Order 202.8.

To remind you, 202.8 is what provides, in pertinent part, that "[e]ach employer shall reduce the in-person workforce at any work locations by 100% no later than March 22 at 8 p.m."

As to exposure for violating 202.8, it provides that "[a]ny business violating the above order shall be subject to enforcement as if this were a violation of an order pursuant to section 12 of the Public Health Law." Then, section 12 of the Public Health Law provides for "a civil penalty of not to exceed two thousand dollars for every such violation" for the first violation and a penalty "not to exceed five thousand dollars for a subsequent violation." However, if your violation "results in serious physical harm to any patient or patients, the penalty is "not to exceed ten thousand dollars."

So, if you infect someone, you are getting charged with a $10K penalty per violation.

Oh, by the way, the State can also get an injunction against your continued violations and potentially shut down your business, remote or otherwise, with that injunction.

Don't be crazy and ignore the order. Instead, if you believe you are essential, apply for a designation here.


  1. Interesting read. Reading the executive order It says a person working alone does not need to apply to be an essential business. Most realtors in essence work alone so technically would that mean a realtor can still conduct business - as long as they keep 6 feet apart from a client or customer?

  2. Very interesting question - NYSAR has said "The EO means that until further notice real estate licensees are precluded from holding open houses, showings and in-person listing presentations for example. You are not precluded from most work that you can accomplish from your home."

    That being said you are advised to submit your COVID-19 Related Business Question here - - as NYSAR, Lieb or anyone else is just guessing. The NYS Empire State Development is authorized by the EO to make the determination.

    Good luck

  3. Question: what if I leave a lockbox for a property and/or leave the door unlock and do not actually meet in person . Is that permitted ?


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