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Sunday, February 2, 2025

Trump orders federal workers back; private sector urged caution on RTO policies

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Brian Calley President and Chief Executive Officer at Small Business Association of Michigan | Official website

Brian Calley President and Chief Executive Officer at Small Business Association of Michigan | Official website

President Trump recently issued an Executive Order directing federal agency leaders to end remote work arrangements for federal workers. The order does not apply to private employers, including federal contractors or subcontractors, but may influence them to consider similar measures.

McLean & Company, a partner of ASE, provides resources for employers to develop a return-to-office (RTO) policy. They advise considering both organizational and employee needs, starting with a flexible RTO policy, and offering support as employees transition back to the office.

After years of remote work, space constraints may arise if companies have downsized their office spaces while increasing employment. This could lead to allegations of "hidden layoffs" if employees cannot be accommodated. Additionally, transitioning back to in-office work might complicate personal scheduling for childcare and medical appointments. Mark Neuberger from Foley and Lardner LLP notes that this situation could involve compliance with various leave laws.

McLean & Company recommends developing a logistics plan that includes flexibility and employee support during the transition. A one-size-fits-all approach is discouraged as it may lead to turnover and disengagement.

Employees are more inclined to return when they feel supported in rebuilding team bonds and socializing with coworkers. A comprehensive RTO policy should balance organizational and employee needs while considering its impact on different subgroups within the workplace. Melissa Pesce from Ogletree Deakins Nash Smoak & Stewart PC warns against potential discrimination claims if certain groups are required to return based on tech skills.

Careful consideration is advised before implementing sudden RTO changes like those ordered by President Trump.

ASE members can access further information through McLean & Company's resources available in the ASE Member Dashboard.

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