Jessica Mazzeo of Griesing Law.

Back in November 2017, I wrote the article, “Why Law Firms Should Already Be Embracing the Mobile Workforce.” That piece mainly focused on firms having work-from-home policies for attorneys and only slightly touched on similar policies for staff. Six months later, it doesn't seem like much has changed. Generally, law firms are still slower and less amenable to allowing nonexempt support staff, such as paralegals and secretaries, to work from home. While the most common reason is that managing attorneys are not open to this flexibility for staff, others argue that even if there was no resistance from top management, compliance with the Fair Labor Standards Act for a nonexempt worker appears unrealistic. However, I strongly disagree. It is 2018—not 1978 or even 2008—and employers who are failing (and yes, it's a failure, not an opposition) to meet employee demands and allow for some type of work from home policy are going to be in for a rude awakening. Maybe not tomorrow, or in five years, but with an estimated 10,000 baby boomers retiring each day, and for which the majority will be fully retired by 2029, the time to act is now as all employees are demanding change.

Proceeding as we have done for decades is not only a failure to launch but a potential crash course in your firm's future demise. Employees of all ages—and yes, all ages as millennials are not the only generation that seeks work-life balance—need to be able to better manage both their personal and professional lives. Lisa Sterritt, a legal management professional in the Seattle area with over 30 years of experience, agrees that firms are long overdue for a shift: “It's time for a new perspective. I have worked both in-house and at law firms, and I have always advocated for anyone to work from home as needed, or on a set schedule, to accommodate challenges such as long commutes, elderly parents, newborns or illness. While it can create some compliance challenges in terms of tracking for hours worked or FMLA leave, great employees are worth that effort. The argument that only attorneys should have job flexibility is tired and reeks of privilege. If you can't trust your people, nonexempt or not, to record their time accurately, why are they there at all?”

As employers, we have the ability to do this regardless of any actual or perceived challenges. In today's world, technology not only allows for greater proficiency in the workplace but also grants us the ability to work from wherever we may be. For those employers concerned with tracking employee time and exact hours worked have a variety of options. There are several standalone programs, as well as add-on features to existing platforms, that can allow staff to remotely clock in and out as work is performed. Working remotely should not be an additional cause for concern when it comes to employees taking advantage or not actually working while on the clock. Imagine how many times you've walked down your office hallway and noticed attorneys and staff alike chatting away about weekend plans or the scores from last night's football game. In addition, think about how often your workflow is interrupted while in the office, due to back to back meetings or coworkers frequently stopping by your desk. In some work environments, the distractions in the office can actually be greater than those at home. As Sterritt stated above, the employees who earn the privilege of having the ability to work a day or two at home are already trusted and valued to do the work they were hired to do, regardless if it's at their desk in your office or from their kitchen table at home.