IN THE PROFESSION Risk Mitigation Strategies
The good news? Employers can draw clearer lines before lawyers— or regulators— do it for them:
• Write it down. Adopt clear policies that ban off-theclock work, require accurate timekeeping, and explain break and leave expectations.
• Train the humans. Managers need to know that praising midnight responsiveness or texting employees on FMLA leave is not just bad etiquette— it’ s risky.
• Use tech wisely. Deploy timekeeping tools that capture all compensable work without spying or discouraging breaks.
• Audit regularly. Compare reported hours to actual workload or login data; fix problems before they snowball into lawsuits.
• Default to caution. When in doubt about classification, schedules, or state-specific rules, pick the option that errs on the side of compliance.
• Model the culture. Leaders who unplug on evenings and weekends send a louder message than any handbook.
What Now? The Migration Back to the Office and Attendance Policies
Since the pandemic, workers have migrated back to the office, but not entirely. For most law firms, regardless of size, work from home polices are now the norm. Recent research underscores that the most effective office-attendance policies are those that balance employer needs with employee well-being. For example, the 2024 Law Firm Office Attendance Policies Report 3 shows that lawyers and staff thrive in environments where flexibility is built in allowing choice of which days to come in combined with moderate, rather than rigid, in-office expectations. Passive or light-touch enforcement avoids resentment while still reinforcing company culture. Clear communication of the reasons behind attendance policies, such as mentoring and collaboration, builds trust and buy-in. Finally, policies that acknowledge differences in role, seniority, and practice area help ensure that both management and staff feel supported, rather than forced into a one-size-fits-all approach. Together, these strategies not only enhance satisfaction but also promote retention and healthier work – life balance.
Attendance Policy Do’ s:
• Allow flexibility in which days employees attend the office.
• Use light-touch enforcement to maintain culture without creating resentment.
• Set moderate expectations( e. g., 2 – 3 days in office) rather than full-week mandates.
• Clearly explain the rationale— mentorship, collaboration, or customer service.
• Adapt policies for different roles, seniority levels, or practice areas.
Attendance Policy Don’ ts
• Don’ t impose rigid, one-size-fits-all attendance rules.
• Don’ t rely on heavy monitoring or punitive enforcement.
• Don’ t assume more days in the office automatically boost productivity.
• Don’ t overlook the importance of mentorship efforts.
• Don’ t ignore feedback from staff, who may face different constraints than managers.
Conclusion:
In the“ always on” economy, work-life boundaries may never be perfectly crisp. But by recognizing the legal risks of blurred lines— and sketching some firmer ones— employers can avoid costly disputes while giving employees what they really want: the ability to unplug without guilt or repercussions.
3 Thomson Reuters Institute report and findings: https:// www. thomsonreuters. com / en-us / posts / wp-content / uploads / sites / 20 / 2024 / 04 / 2024-Law-Firm-Office-Attendance-Policies-Report. pdf.
12 SEPTEMBER / OCTOBER 2025