STATES IMPOSE ADDITIONAL RESTRICTIONS DUE TO COVID-19
April 8, 2020
In recent days, the governors of several states have implemented new restrictions that could potentially impact the aviation industry. For example, Maryland and Washington, D.C. have issued executive orders that require all businesses to close that are not open to the general public. In both states, an exemption to this restriction is provided for companies that are part of the critical infrastructure sectors identified by the U.S. Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (“CISA”) (https://www.cisa.gov/identifying-critical-infrastructure-during-covid-19).
CISA identifies transportation as one of these critical infrastructure sectors, and, as such, the aviation industry should be exempt from their effects. Likewise, Florida has issued a similar order with respect to Miami-Dade County, Broward County, Palm Beach County and Monroe County. Florida’s multi-county order also contains an exemption for “essential businesses.” “Essential businesses” are in turn defined by reference to a previous order issued by Miami-Dade County — which explicitly lists both airlines and businesses operating within an airport as essential.
Virginia also issued a similar order, although its restrictions are focused on retail operations and should not directly impact most air carriers.
Regardless of which jurisdiction an employer is operating within and regardless of whether an exemption may apply to their industry, employers may want to consider providing their essential employees with a letter, on company letterhead, stating that his/her physical presence at work and/or travel for work is essential. To the extent an employer believes that any ambiguity remains regarding the applicability of the aforementioned orders to their particular industry or company, the employer may also file a petition for clarification or for a specific exemption from any potentially applicable order.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com or 202-659-6622); Drew Derco (dderco@eckertseamans.com or 202-659-6665), or Andy Orr (aorr@eckertsemans.com or 202-659-6625).
Share This Post
Authors
