COVID-19 Update: Supplemental Update on Essential Critical Infrastructure Workers

Hogan Lovells

In our memo of March 19, we summarized federal government policy identifying the Food and Agriculture and Transportation industries as two of the nation’s 16 Critical Infrastructure Sectors. In The President’s Coronavirus Guidelines for America, the government emphasizes that “If you work in a critical infrastructure industry . . . such as . . . food supply, you have a special responsibility to maintain your normal work schedule.” On the afternoon of March 19, the Department of Homeland Security’s (DHS’s) Cybersecurity & Infrastructure Security Agency (CISA) released guidance identifying more specifically the type of food and agriculture sector workers that should be exempted from state and local shelter in place orders, curfews, and similar restrictions on movement. Although not binding on state and local authorities, the CISA guidance provides a central reference point likely to be instructive as states and localities implement movement restrictions.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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