Navigating the Transition to Return to Office

The complex shift from remote work to in-office work requires careful consideration to balance efficiency and employee well-being. This crucial balance directly impacts employee satisfaction, retention, and organizational goals. HR professionals and employment lawyers must navigate this transition carefully to avoid potential legal and practical challenges.

Challenges of Return to Office Mandates

Five years after the onset of COVID-19, many employees remain uncomfortable returning to the office. This discomfort can stem from various factors, including health concerns, family obligations, changes in routine, geographical moves, and loss of flexibility. Employers may expect some pushback against return-to-office mandates from employees who feel the personal benefits of remote work outweigh the company’s preference for office attendance. This conflict may harm morale and surface conflicts.

Loss of key talent is the most significant potential pitfall of return-to-office mandates. During the pandemic, remote work enabled many employees to re-calibrate their work-life balance. Additionally, remote work allowed companies flexibility to recruit talent from anywhere, expanding their talent pool. Requiring employees to return to the office can lead to resignations, especially if employees are unwilling to relocate or give up the flexibility of remote work. Even if employees do not resign, there is a risk of “quiet quitting,” where employees disengage and reduce their productivity, often while they look for other opportunities with preferable remote or hybrid expectations.

Key Considerations for Return-to-Office Policies

Companies that require employees to work from the office on a permanent or hybrid basis must carefully consider whether and how to track attendance. Monitoring badge swipes or geo-tagging computer logins is a common, though imperfect tactic, as many employees may resist being monitored. If taking such steps, employers should consider clearly communicating these measures to employees, to mitigate concerns that the company is acting deceptively. 

Employers should also address their in-office expectations in clear, unambiguous terms to avoid creative workarounds by employees. For example, the concept of “coffee badging” has emerged, where employees badge in, have a brief interaction, and then leave. The return to office policy should address whether such brief attendance counts as a day in the office. Alternatively, the company may deem that only office visits of a certain duration (e.g., 4+ hours) will count toward in-office quotas. 

Legal Challenges and Lawsuits

Return-to-office mandates can lead to legal challenges. 

Wage and hour disputes can arise from any improper recording of working hours and breaks. As a result, any change to working schedules can trigger wage and hour litigation risks. So, employers introducing permanent or hybrid office mandates should review their timekeeping practices to ensure employees have a clear and consistent way to accurately track their working time. Employers should also consider reviewing their exemption classifications to evaluate whether any changes in job duties during the shift to, or away from, remote work resulted in changes to exemption status. 

Return-to-office mandates may also lead to potential discrimination or accommodation failure claims. Disabled employees may claim return-to-work mandates create a disparate impact on people with certain physical or mental conditions. California state and federal courts have split on whether one-size-fits-all policies that impact all employees equally regardless of their disability status are permissible, or whether employers must create exceptions for employees with disabilities to defeat discrimination claims.  

Employees with disabilities may also request accommodations to return to the office, or claim a disability requires them to permanently work from home. Employers must engage in an interactive process with employees to determine whether a reasonable accommodation will help the employee perform their essential functions. Importantly, most courts will not automatically endorse a company’s claim that employees must work from the office to foster better mentorship or workplace morale. Such claims also may be undermined by COVID-era policies and technology that promoted efficient remote work. So, employers claiming that office work is required will need to show the specific role’s expectations can only adequately be performed in the workplace.  

Employers requiring in-office attendance must also provide a safe working environment. This includes addressing health concerns related to COVID-19 and other potential hazards. Implementing and communicating health and safety protocols, including through an injury and illness prevention plan or workplace violence prevention policy, is crucial to protect employees and avoid legal liabilities.

Strategies for a Smooth Transition

Transparent and frequent communication is vital. Employers should ensure that employees understand the reasons behind return-to-office mandates and how they will be implemented. Providing a clear timeline and expectations can help ease the transition. Offering flexible or hybrid work models can help balance the needs of the business and employees. This approach can also reduce resistance and improve employee satisfaction, thereby helping to retain talent and maintain productivity.

Engaging with employees and providing support during the transition is essential. This can include mental health resources, wellness programs, and opportunities for feedback. Addressing employee concerns and making adjustments based on feedback can improve the overall employee experience and set a workforce up for long-term success.