This article was published in the April 2020 issue of The Philadelphia Bar Reporter and is produced by the Pennsylvania Bar Association. Copyright © 2020 by the PBA. Reprinted here with permission.

Law firms have had to make comprehensive adjustments to our usual way of doing business in light of the COVID-19 pandemic. In particular, it is important for law firms to zealously represent our clients, while always ensuring their health and safety, as well as the health and safety of attorneys and staff. This has become particularly challenging in light of state and local ordinances mandating that our practices move to a remote work environment.

In addition to ensuring that each attorney and staff member has the physical capabilities and equipment to work remotely, law firms should be mindful of the following:

• If your office is in a jurisdiction subject to a shutdown order, is your firm considered to be an “essential” or “life-sustaining” business, allowing it to remain in the workplace?

• Are teleworkers expected to be available 24/7, during working hours, or only when remote meetings and appointments are scheduled ahead of time?

• Will you prohibit or restrict the size of in-person meetings?

• Are all our employees aware of security requirements in place to prevent data breaches or other loss?

• Are there any confidential or privileged company documents that cannot be taken from the workplace?

• Do you have adequate equipment in place to handle a complete teleworking environment?

An effective remote work policy needs to include a mechanism for tracking time worked, including overtime, for non-exempt employees, as well as meal and rest breaks in states where these are mandated. It is also important to comply with state law requirements to reimburse business expenses incurred by remote workers.

At Pepper Hamilton, we have modified our operations as needed and also have set up an online COVID-19 Resource Center for our clients as they work through their own operational challenges. We continuously update this section of our website with news and developments, tools, and recommendations. This is a completely free service that we are offering to our clients.

A key part of this Resource Center is our client toolkit. Through this, we have compiled best practices to create policy templates that our clients can reference to help protect their own employees as they navigate the COVID-19 crisis. It also includes tips on how best to communicate these policies to both internal and external audiences.

We are working through historic and unprecedented times. We are working hard to assist our clients in continuing business operations, with the least amount of interruptions, so that our clients can continue to provide vital goods and services to the business community and the public. In that regard, we can serve as valuable resources for our clients, guiding them through this uncertainty.