The gradual rollback of remote work arrangements, which were put in place as a short-term fix to keep businesses operating during the height of pandemic lockdowns, has now given rise to one of the most contentious issues in the employment arena. To return to the office, or not to return, that is the question. 

Some prominent businesses like Spotify are steadfastly upholding flexible work-from-home policies, stating resoundingly that “remote staff aren’t children.” Other tech giants, however, such as Amazon and iPhone challenger, Nothing, have made U-turns on their previous work-from-home policies, implementing return-to-office policies across the board for all corporate employees. 

Taking their lead from the tech heavyweights, return-to-office (RTO) mandates are now widespread for businesses throughout the United States. And with the new administration declaring an RTO mandate for all federal employees of government offices throughout the country, the tide well and truly seems to be shifting against remote, hybrid, and even flexible work schedules.

Drastic Shift: From Widespread Remote Work to Full RTOs

The prestige and dominant market power of big-name tech brands helps ensure they can continue to attract top talent in droves, regardless of any contentious mandates like a full RTO. This will remain true even despite the attrition of former remote hires who were attracted by the flexible work location policies of a few short years ago. 

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What is considered acceptable use of social media in the modern workplace? How can what you post on social media both in and out of the office be used against you?

Although in many cases U.S. laws and regulations have not kept pace with all the latest developments, legislators and employment specialists have become increasingly aware of the issues. Facebook has over one billion users, with Twitter boasting around 500 million – and LinkedIn around half that.

Understandably, many employers were reported as having noted this tendency with some degree of alarm, voicing fears such as reduced productivity, adverse publicity and a possible trend in work-related claims and liability. Some have wondered about their rights to ban social media usage in the workplace – yet these same employers have seen their levels of businesses grow in many cases due to social media’s innate ability to market products and services to new customers. Companies also hire bloggers, endorsers or community managers to take advantage of the phenomenon.

In addition, employee morale is usually higher with access. What is clear, however, is that social media policies are just as important an area as any other (such as vacations, special leave and anti-discrimination) in contracts of employment and the general relationships between employers and employees.

As social media developed, some government agencies began issuing guidance. While some of this has been based on common sense and an intuitive approach, other examples have been less so. Specifically, some NLRB (National Labor Relations Board) pronouncements on the subject have been viewed as self-contradictory and confusing. The NLRB has received most of its press attention for supporting the employee right of engaging in concerted activities. Here, one key test is whether any one employer policy would reasonably have the effect of distressing employees; such clauses are deemed invalid in employment contracts. The Equal Employment Opportunities Commission (EEC) has also taken an interest in the question. Read the rest of this entry »