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Jessica Mazzeo of Griesing Law. 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.

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