Many of our clients have questions related to “critical infrastructure workers” categorizations under Executive Order 2020-21 (COVID-19).

For real estate workers, they do not constitute “critical infrastructure workers” and thus may not leave their homes for work unless, under section 9(d) of the order, they are “provid[ing] food, shelter, and other necessities of life for economically disadvantaged or otherwise needy individuals, individuals who need assistance as a result of this emergency, and people with disabilities.” This is a tightly circumscribed category that captures only work that must be carried out in person and is absolutely necessary to assist those with a genuine and emergent need, such as an immediate lack of shelter. All work must be carried out remotely to the greatest extent possible.