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By Chandra Andrade, Benjamin Buchwalter, and Cynthia Rowland
The transition back to in-person work after years of permitting and promoting remote work presents unique challenges for managers at nonprofits. While returning to the office (RTO) can enhance collaboration and workplace culture, managers must carefully balance operational needs with employee well-being.
Given the mission-driven nature of nonprofits, employee satisfaction and retention are particularly critical. Many employees have grown accustomed to remote work, and implementing RTO policies without careful planning can lead to disengagement, resignations, and even legal risks.
There are the potential pitfalls of mandatory RTO policies, but there are solutions for achieving your organization’s goals while maintaining employee well-being.
Key Challenges
Employee Resistance And Diverse Needs: One of the biggest challenges posed by mandatory RTO policies is employee resistance. Many workers, particularly those from historically marginalized groups, have reported that remote settings eliminate uncomfortable workplace dynamics some have previously experienced in the office. Returning to the office can reintroduce microaggressions, exclusionary behaviors, and commute-related stressors, which disproportionately affect employees of color and those with disabilities.
Talent Loss And Retention Risks: Forcing employees back into the office without sufficient flexibility can lead to increased resignations. Many organizations have already reported losing key talent due to rigid RTO policies. Moreover, employees who remain might become disengaged, a phenomenon often referred to as “quiet quitting,” where workers comply minimally with job requirements but lack motivation and engagement.
Enforcement Challenges: Leaders struggle with consistent enforcement of attendance policies. Some employees might comply with RTO mandates, while others find ways to circumvent them. For example, some employees might engage in “coffee badging,” which is going to the office briefly to appear present while primarily working remotely. Unequal enforcement can damage morale and lead to perceptions of favoritism for certain groups over others.
Legal Risks To Consider
Reasonable Accommodations And Uncertain Legal Precedents: Employers should carefully consider requirements to provide permanent remote work options as a reasonable accommodation under the Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA). While no definitive court rulings mandate remote work as an accommodation, the common thread is that employers must assess remote work requests on a fact-specific case-by-case basis.
Additionally, case law suggests that employers must justify why in-office work is essential for certain roles. This is particularly important when the employee’s function can reasonably be performed away from the office with help from technology such as Zoom
Discrimination And Harassment Concerns: Mandatory RTO policies can expose nonprofits to discrimination claims. Disabled employees might 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
Wage And Hour Compliance: Managers must remain vigilant about wage and hour laws when implementing mandatory RTO policies. Key concerns include tracking non-exempt employees’ work hours, ensuring proper meal and rest breaks, and managing overtime.
Hybrid work environments can complicate timekeeping, so leaders should implement clear policies and technological solutions to ensure compliance. Employers might also benefit from implementing management training to ensure managers can confidently and accurately track non-exempt employee hours wherever they work
Expense Reimbursements: The breadth of work-from-home expenses covered by employers expanded dramatically during the pandemic. Most employers covered a portion of employees’ internet and phone bills, while others considered covering other home expenses such as utilities.
The question arises as employees return to the office: Are employers still responsible for these costs? California law generally requires employers to reimburse employees for necessary work-related expenses, including hybrid work expenses. Managers should establish clear guidelines on expense reimbursement for employees who continue working remotely part of the time.
Local Ordinances And Flexible Work Policies: Local ordinances might require employers to implement flexible workplace requirements. For example, nonprofits operating in California must also comply with various local ordinances that impact flexible work arrangements. Examples include:
* San Francisco’s Family Friendly Workplace Ordinance grants employees the right to request flexible work schedules for caregiving responsibilities. Employers must engage in an interactive process before denying such requests.
* Berkeley and Los Angeles Fair Workweek Laws require certain employers (which can include nonprofits) to provide predictable work schedules, limiting last-minute changes that could disrupt employees’ personal responsibilities.
Given the trend toward adoption of such regulations, managers should proactively assess their policies to ensure compliance and maintain a fair, employee-friendly approach to RTO.
Best Practices for a Smooth RTO Transition
- Establish Clear and Predictable Policies
Managers should create transparent, written RTO policies that provide clarity on in-office expectations while considering employee feedback. Gradual rollouts, such as starting with a hybrid model before moving to full-time in-office work, can help ease transitions.
- Ensure Fair and Consistent Enforcement: To avoid perceptions of favoritism, RTO policies must be applied consistently. Leadership should communicate clear expectations while remaining flexible for employees with legitimate needs for continued remote work.
- Optimize Workplace Efficiency
A successful RTO strategy goes beyond requiring employees to be physically present. Leaders should invest in workplace improvements that foster collaboration and efficiency, such as upgraded technology, better office layouts, and streamlined workflows. Employers should create and maintain measures that ensure employees feel welcome and safe in the workplace.
- Prioritize Safety and Compliance
Returning to the office also means ensuring a safe work environment. Managers should maintain compliance with workplace safety regulations, including by establishing injury and illness prevention plans and workplace violence prevention policies. Given the ongoing public health landscape, leaders should also remain adaptable to evolving health and safety guidelines.
Navigating RTO policies requires a thoughtful, balanced approach. While in-office work has undeniable benefits, leaders must also acknowledge the shifts in workplace expectations and legal risks associated with rigid mandates. By implementing clear policies, maintaining flexibility where possible, and ensuring compliance with local and federal laws, nonprofit managers can create a return-to-office strategy that benefits both employees and the organization’s goals.
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Chandra Andrade is a partner and Benjamin Buchwalter is special counsel in Farella Braun + Martel’s Employment Group. Cynthia Rowland is a partner in the firm’s Exempt Organizations Group and founder and host of the EO Radio Show podcast.
