Return to Office Mandates: Legal Clarity for Remote Workers Navigating Office Comebacks

The classic 9-5 office job transformed a few years ago when the COVID-19 pandemic forced thousands of people to start working from home. Many people stayed at home even after the lockdowns were lifted. Families adjusted to having one or two parents in the house with the children; single people got comfortable with working from their couches and home offices; and lots of folks grew to like this new way of working. Now, employers and employees alike are wondering: “How can we call for the workforce to move back into the physical office without huge legal fallout?”

Return-to-office (RTO) mandates have hit the headlines recently as corporations request their employees to come back to the workplace, either for a few days a week or for all weekdays. The reasons for this vary, including employers’ desires to maintain company culture or to boost employee productivity. Many workers are pushing back, as they state that they can be just as productive at home, enjoy the flexibility, and perhaps even live too far from the office to justify a daily commute. Physical disability is another issue since disabled employees are often more comfortable working from their own living space and may not be fully accommodated in the office.

It's clear that RTO mandates can easily cause chaos in the workforce. To further complicate things, RTO policies are often complex and based on state-specific employment laws. If you find yourself facing an RTO mandate at your own place of employment, it’s critical for you to have access to accurate and affordable legal guidance to help you navigate this issue. We’ve laid out the essentials that you need to know as you seek to understand your rights regarding return-to-office mandates.

Decoding employment law basics for return-to-office mandates

Employment law exists to protect the rights of employees and to clarify the responsibilities that employers have to their workforce. Federal employment laws apply across the country, including some of these rules:

• Employees have a right to not be harassed or discriminated against because of race, color, religion, sex, disability, genetic information, national origin, or age.
• Employees have a right to receive equal pay for equal work.
• Employees have a right to receive reasonable accommodations that are needed because of medical conditions or religious beliefs, if required by law.
• Employees have a right to expect that medical or genetic information that they share with their employer will be kept confidential.
• Employees have a right to report discrimination, participate in a discrimination investigation or lawsuit, or oppose discrimination without being retaliated against for doing so.

State and local laws differ depending on where you live, so make sure you are up to date on the employee rights and responsibilities of your specific area. While basic human rights should remain the same no matter where you reside, the rules that you are expected to follow regarding remote work versus office work may differ. For example, a remote worker in California might have a totally different set of expectations to abide by than a remote worker who lives in Texas does.

Mandated to return? Employee considerations for returning to the office

As more and more employees face return-to-office mandates, it’s safe to assume that you should be prepared for the same scenario. Consider an example: Let’s say you are an employee who has efficiently performed your duties as a remote worker, carrying out your role on the marketing team for a corporation. The CEO of the company sends out a return-to-office mandate, stating that remote workers must come back to the physical office space within two months. But you have adjusted to the remote job, even arranging your family schedule around your ability to work from home. Is there anything you can do to maintain your current job situation?

Returning to the office could mean a significant commute, carving hours out of your busy day. You may also have to find childcare—not an easy or cheap task! Some remote workers have even moved to a different state than their office. And let’s not forget that many employees are more at peace and mentally stable when they can work from the comfort of their own homes. While employers have the right to expect their employees to do their jobs well, employees also have the right to fight for their families and mental wellbeing.

This is where accurate employment law advice plays a critical role in helping you navigate unexpected challenges and advocate for your rights.  Knowing the federal, state, and local laws that are in place to protect workers like you is the first step to defending your employment needs. The next step is to have legal expertise on your side. Consider LegalShield, an affordable monthly membership that gives you access to a law firm in your area, ready to protect you and offer assistance as you walk through this issue.

How to take charge: Navigate return-to-work mandates with confidence

As many employees have begun facing RTO mandates, their response to them has been varied and creative. Some workers were able to go back to the office with no problems. Others, however, are not lucky enough to have that ability. Managers who also work at home may put in a good word for their team to stay remote. Other employees may be able to negotiate pay adjustments to afford the extra driving and other costs of living affected by going to the physical workspace.

Understanding employee rights in your state and country is a game-changer to help you receive fair, reasonable treatment. Check out these resources that will help you know some ins and outs of the laws that exist to protect you:

• The U.S. Equal Employment Opportunity Commission
• Worker.gov from the U.S. Department of Labor
• This list of quick links from the U.S. Department of Labor
• The National Labor Relations Board

Fighting for your own employee rights can be exhausting. Your employer may deny reasonable accommodations, or you may have reason to think that you are about to be fired if you do not follow the RTO rules at your workplace. If you run into a dead end or feel like you have no more options, you may think that you must give in or lose your job. Seek legal advice before you find yourself in these situations!

LegalShield is here to give you the affordable access to legal assistance that you deserve. Our LegalShield law firms are dedicated to helping you with consultations, phone calls, letters on your behalf, document preparation, and other essential legal services to help you fight for your employee rights. You don’t have to go through this difficult process on your own. Give yourself peace of mind in knowing that LegalShield lawyers are ready to help you navigate these important issues.

Take the next step! Learn more about your rights and legal options.

• Explore LegalShield plans.
• Check out our employment law resources.
• Learn how to find a lawyer to help with your legal needs.
• Understand severance pay and what to do if you encounter legal issues.

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Pre-Paid Legal Services, Inc. ("PPLSI") provides access to legal services offered by a network of provider law firms to PPLSI members through membership-based participation. Neither PPLSI nor its officers, employees or sales associates directly or indirectly provide legal services, representation, or advice. The information made available in this blog is meant to provide general information and is not intended to provide legal advice, render an opinion, or provide a recommendation as to a specific matter. The blog post is not a substitute for competent legal counsel from a licensed professional lawyer in the state or province where your legal issues exist, and you should seek legal counsel for your specific legal matter. Information contained in the blog may be provided by authors who could be a third-party paid contributor. All information by authors is accepted in good faith, however, PPLSI makes no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of such information.

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