The COVID-19 pandemic brought a massive shift from in-office work to telecommuting. Now, as the world transitions to a post-pandemic era, companies are enforcing return-to-office (RTO) mandates. Employers often cite the need for greater oversight, increased productivity, and enhanced innovation as reasons for requiring employees to return. However, many workers value the improved work-life balance telecommuting provides and argue that remote work is equally—if not more—productive than in-office work. Some employees are left questioning their ability to negotiate the terms of these RTO policies and maintain flexibility in their work arrangements.

If you're facing a return to office mandate, it’s essential to understand your rights and responsibilities. For honest, expert advice on how RTO policies could impact your business or your job, consult Employment Attorney Raymond Nardo. 

RTO Mandates: Proceed with Caution

As RTO mandates take effect, both employers and employees should tread carefully. Employers have the right to set the terms of employment, including where employees work, which means the majority of workers must comply with mandates or face potential termination. However, employers must also ensure that mandates don’t appear to discriminate against legally protected groups of workers. RTO policies must respect employment contracts, give workers reasonable notice prior to returning to the office, and consider each employee’s individual circumstances. Companies that make unilateral demands for all employees to return to the office regardless of their individual circumstances could see a spike in discrimination claims and lose top talent to other firms.

Worker Protections

Employees in certain protected classes or with specific contractual agreements may have stronger grounds for remote work accommodations. Below are some key protections:

• Americans with Disabilities Act (ADA) or New York State Human Rights Law (NYSHRL): Both statutes require employers to provide reasonable accommodations to employees with disabilities that interfere with their ability to return to the office. Remote work may be a suitable accommodation, depending on the circumstances. 

• Pregnant Workers Fairness Act (PWFA) and NYSHRL: These statutes ensure that employers must provide reasonable accommodations for pregnant workers. Reasonable accommodations could include remote work. 

• National Labor Relations Act (NLRA):  Grants employees the right to collectively bargain and take collective action, including organizing against RTO mandates. Employees in unionized workplaces may have a better chance to successfully negotiate telework terms.

• Religious Accommodations under Title VII of the Civil Rights Act of 1964 and NYSHRL: An employee may be accommodated for sincerely held religious beliefs, such as leaving work early, or not working at all, on the Sabbath.

Tips for Employees

• Engage in the Interactive Process:  Employees seeking exceptions to RTO mandates should engage in good faith discussions with their employers to find suitable solutions.

• Documentation: Employees should document their accommodation or exemption requests and have notes from their physicians, where applicable. 

• Seek Legal Advice: Employees concerned about RTO mandates and potential violations should consult with employment attorneys or contact relevant government agencies.

Government Agencies

By learning about these laws and resources, employees can guard their rights while navigating RTO policies.

• Equal Employment Opportunity Commission (EEOC):  Handles ADA, Title VII, and ADEA complaints. 

• U.S. Department of Labor (DOL): Oversees FMLA compliance.

• Occupational Safety and Health Administration (OSHA): Addresses workplace safety concerns.

• New York State Human Rights Law (NYSHRL): Enforces workplace protections from discriminatory conduct.

The transition from remote work back to in-person offices poses challenges for both employers and employees. It’s vital to understand the legal and practical implications of RTO mandates. Whether you’re an employer implementing these changes or an employee navigating them, staying informed can help you avoid pitfalls and protect your rights.

For more than 30 years, Employment Attorney Raymond Nardo has represented workers and employers for employment related claims. He practices extensively in Federal Court, New York State Court, the EEOC, and the New York State Division of Human Rights and has obtained millions of dollars in settlements for his clients. Consult Attorney Raymond Nardo for professional legal advice on return to office mandates.