Government contractors are scrambling to respond to recent policy changes aimed at combating the coronavirus outbreak, and one of the biggest challenges has been trying to decipher conflicting messages about whether their businesses are considered “essential.”
Although none of the attorneys Law360 spoke to say their clients have been forced to close, the possibility of enforcement has been enough to prompt McCarter & English LLP partner Daniel J. Kelly to advise his clients to have employees carry letters with them while traveling to and from work.
The letters state the nature of the work that the employees are performing and describe why it is essential under the local rules, Kelly said. It also provides their counsel’s contact information in case the workers are questioned by law enforcement, he said.
Kelly added that the firm is advising businesses to have a similar letter on hand in case state officials contact them with questions about their operations. He also emphasized that it’s important for government contractors to track costs associated with having employees work remotely so they can try to be reimbursed.