August 14, 2020

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New York, New Jersey and Connecticut Tri-State Travel Advisory and Quarantine

On June 24, 2020, New York Governor Andrew Cuomo, New Jersey Governor Phil Murphy and Connecticut Governor Ned Lamont announced a Joint Incoming Travel Advisory that all individuals travelling from states with significant community spread of COVID-19 quarantine for 14 days.   Each state has agreed to employ uniform parameters and continually update and publish on their respective websites a list of states to which the new advisory applies.  

Here is a summary of New York State’s action in connection with the Joint Advisory. 

Executive Order

In conjunction with the governors’ announcement, Governor Cuomo issued Executive Order 205, according to which, effective June 25, 2020, “all travelers entering New York from a state with a positive test rate higher than 10 per 100,000 residents, or higher than a 10% test positivity rate, over a seven day rolling average, will be required to quarantine for a period of 14 days consistent with Department of Health regulations for quarantine.”  Among other things, the Order directs the Commissioner of the Department of Health to issue a Travel Advisory and additional protocols as necessary, including for “essential workers.”  

Travel Advisory

As set forth in the Commissioner’s Travel Advisory, issued pursuant to Executive Order 205, the following states meet the criteria for mandatory quarantine: 

  • Alabama

  • Arkansas

  • Arizona

  • Florida 

  • North Carolina

  • South Carolina

  • Texas

  • Utah

Significantly, the Travel Advisory restrictions do not apply to individuals passing though restricted states for a limited duration (less than 24 hours) through the course of travel. 

Exemptions for Essential Workers

Exceptions to the Travel Advisory are permitted for essential workers and are limited based on the duration of time in designated states, as well as the intended duration of time in New York.  An “essential worker” is (1) any individual employed by an entity included on the Empire State Development Essential Business List; (2) certain health care workers and first responders, or (3) any other worker deemed such by the Commissioner of Health.

The commissioner of health has issued the following special protocols applicable to essential workers:

1. Short Term – for essential workers traveling to New York State for a period of less than 12 hours.

  • This includes instances such as an essential worker passing through New York, delivering goods, awaiting flight layovers, and other short duration activities.

  • Essential workers should stay in their vehicle and/or limit personal exposure by avoiding public spaces as much as possible.

  • Essential workers should monitor temperature and signs of symptoms, wear a face covering when in public, maintain social distance, and clean and disinfect workspaces.

  • Essential workers are required, to the extent possible, to avoid extended periods in public, contact with strangers, and large congregate settings.

2. Medium Term – for essential workers traveling to New York State for a period of less than 36 hours, requiring them to stay overnight.

  • This includes instances such as an essential worker delivering multiple goods in New York, awaiting longer flight layover, and other medium duration activities.

  • Essential workers should monitor temperature and signs of symptoms, wear a face covering when in public, maintain social distance, and clean and disinfect workspaces.

  • Essential workers are required, to the extent possible, to avoid extended periods in public, contact with strangers, and large congregate settings.

3. Long Term – for essential workers traveling to New York State for a period of greater than 36 hours, requiring them to stay several days.

  • This includes instances such as an essential worker working on longer projects, fulfilling extended employment obligations, and other longer duration activities.

  • Essential workers should seek diagnostic testing for COVID-19 as soon as possible upon arrival (within 24 hours) to ensure they are not positive.

  • Essential workers should monitor temperature and signs of symptoms, wear a face covering when in public, maintain social distancing, clean and disinfect workspaces for a minimum of 14 days.

  • Essential workers, to the extent possible, are required to avoid extended periods in public, contact with strangers, and large congregate settings for a period of, at least, seven days.

Notably, essential workers and their employers must comply with DOH guidelines concerning returning to work after exposure to COVID-19, as well as any sector-specific guidance. 

© 2020 Foley & Lardner LLPNational Law Review, Volume X, Number 178

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About this Author

Christopher A. DeGennaro Litigation Attorney Foley & Lardner New York, NY
Associate

Christopher DeGennaro is an associate and litigation lawyer with Foley & Lardner LLP in New York. He is also a member of the firm’s Business Litigation & Dispute Resolution Practice. Chris has significant trial and alternative dispute resolution experience, having tried civil and criminal cases to verdict and represented corporations in mediations and arbitrations.

Prior to joining Foley, Chris served as a law clerk to the Honorable A. Kathleen Tomlinson in the U.S. District Court for the Eastern District of New York. Before his clerkship, Chris worked at a national law firm...

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