The DOL has a new mandate in relation to its return to office policy, but it’s not what employees were hoping to hear. The Department of Labor has ordered remote workers back to the office at least five days per biweekly pay period, starting December 1, 2024. The move was originally scheduled to take place starting this year in January however, the NCFLL union resisted the DOL office return policy very vocally. 

The National Council of Field Labor Locals (NCFLL) represents almost two-thirds of the Labor Department’s 15,000 employees, and it has accused the Labor Department Acting Secretary Julie Su of refusing to negotiate the return to office policy and having announced a date for the return prematurely. 

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DOL Mandates Return to Office for Employees, Starting in December

Private organizations are free to restructure their business and set their rules as long as they meet the Fair Labor Standards Act and other legal regulations required by state and federal legislators. However, this time, the NCFLL has accused one of the regulators of not maintaining these standards and of refusing to negotiate with them in good faith. 

According to a document shared by Tully Rinckey PLLC, a law firm with insight into the case, “the new rule will require all non-bargaining unit employees outside of the Washington, DC region and all members of the union to be in the office for five days of a biweekly pay period.” The NCFLL union is resisting the DOL’s office return policy and has an appeal pending with the Federal Labor Relations Authority (FLRA) in relation to this debate over the policy change. 

The union states that the DOL has not fairly responded to the proposal put forth by them, calling it “non-negotiable.” With no way to broker a discussion on the matter, the union is counting on the appeal to set things straight. 

Daryl Laurie, president of the National Council of Field Labor Locals, stated “NCFLL is extremely disappointed that Acting Secretary Su has taken this action as the Department has not fully met its labor management obligations.” The union has been engaged in negotiations with the DOL over the remote worker return policy and does not believe that the matters have been discussed and put to rest sufficiently enough for the Labor Department to announce a date for the change.

The DOL’s return-to-office mandates do not come as a surprise as there has been a countrywide push by employers to bring workers back to the office. Amazon’s own RTO policy that goes into effect next year has been met with considerable resistance from employees, but it does not appear that the organization plans to back down on its decision.

If the DOL employees lose the battle against the return-to-office policy, it is likely that more employers will be encouraged to enforce the change within their own organization. Despite employee preferences for work-from-home and hybrid work models, it appears that the trend of remote work could be coming to an end.

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