DOL Orders Remote Workers Back to the Office Despite Union Pushback

November 20, 2024
Hall Benefits Law, LLC

The National Council of Field Labor Locals (NCFLL), the DOL’s largest employee union, which represents about 7,500 employees, has announced that the U.S. Department of Labor (DOL) is requiring remote workers to return to the office as of December 1, 2024. In November 2023, the DOL issued a return-to-office mandate for remote workers beginning in January 2024. NCFLL challenged the requirement, which DOL deferred until it could negotiate the issue with the union.

DOL is compelling all non-bargaining unit employees outside of the Washington DC region and all union members to return to the office at least five days of each biweekly pay period. The rule would not impact the more than 100 employees represented by the National Union of Labor Investigators.

NCFLL, which is part of the American Federation of Government Employees (AFGE), cited its disappointment in what it characterized as “unilateral action” by acting DOL Secretary Julie Su. The union plans to continue opposing the change and has contacted its attorney, the AFGE, and Sen. Bernie Sanders, I-Vt, for assistance. NCFLL is also maintaining an appeal before the Federal Labor Relations Authority (FLRA) concerning the negotiability of the DOL mandate.

The DOL claims that it has been negotiating the rule with NCFLL since it was announced last year. NCFLL alleges that the DOL has been steadfast in presenting the rule as non-negotiable. According to the NCFLL, only the FLRA can decide that a rule is non-negotiable, not the DOL.

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Hall Benefits Law, LLC

HBL offers employers comprehensive legal guidance on benefits in mergers and acquisitions, Employee Stock Ownership Plans (ESOPs), executive compensation, health and welfare benefits, healthcare reform, and retirement plans. We counsel a wide spectrum of clients including small, mid-sized, and large companies, 401(k) investment advisors, health insurance brokers, accountants, attorneys, and HR consultants, just to name a few. HBL is passionate about advising clients, and we are dedicated to our mission: to provide comprehensive, personalized, and practical ERISA and benefits legal solutions that exceed client expectations.

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