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
