As COVID-19 spreads across the United States, many states are contemplating ways to keep their residents apart.
Forty-six states and the District of Columbia have signed executive orders instructing residents to stay home or ordering non-essential businesses to close. On March 19, 2020, the U.S. Department of Homeland Security, Cybersecurity & Infrastructure Security Agency (“CISA”) issued a Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response promulgating an advisory list of categories of workers who are essential to continued critical infrastructure viability.
On March 28, 2020, CISA released a revised Advisory Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response. Certain states have chosen to adopt this advisory wholesale or incorporate it into their own definition of which workers and employees are considered essential. However, many have chosen to create their own definitions.
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