- To technically comply with new return-to-office requirements, some workers are entering their physical offices, clocking in, and leaving just a few hours later.
- To understand how frequently this is occurring, employers are permitted to use technology to verify on-site attendance and duration of attendance.
- Corporate leaders and managers can align as to how many hours in the office are sufficient to meet the company’s requirement for on-site work.
In the last two years, many companies have ramped up their in-office requirements and started monitoring data to ensure that employees are complying. However, not all workers are on board with returning to physical offices. As a result, a new trend called “coffee badging” has arisen: when employees swipe in, makes an appearance at the office, and leave after just a couple of hours.
This technical compliance with in-office mandate by coffee badging is likely a response to long commutes, rush-hour traffic, family responsibilities, and a desire for work-life balance. It is also likely a symbolic response from employees with remote-capable jobs who have increasingly grown accustomed to working from home. According to the U.S. Bureau of Labor Statistics, eleven percent of U.S. workers ages sixteen and older worked all of their hours at home in June 2024, and another twelve percent worked some of their hours at home. Meanwhile, 60 percent of employees with remote-capable jobs prefer a hybrid work arrangement, according to new research from a private-sector survey firm. and about one-third prefer fully remote work. Perhaps unsurprisingly for those with remote-capable jobs, less than 10 percent prefer to work on-site full time.
That being said, in an effort to foster greater collaboration and teamwork—and in the hopes of improving worker efficiency—in-office requirements are trending up. However, not all in-office requirements are identical. Individual managers may decide how many hours their employees must work in the office, which might vary based on job type and seniority level.
Moreover, some employers may track compliance with in-office requirements more diligently than others, or for different purposes. In an effort to combat “coffee badging,” some employers have let their workers know that their badge swipes are being monitored individually, and the information may turn up in performance reviews. This, the employers hope, will ensure employees stay at the office for the entirety of their workday. Other employers may simply use the badge swipe data for internal purposes to guide policy changes as to in-office requirements. Indeed, some employers may identify attendance trends during certain seasons or months. Overall, this type of monitoring of badge swipes generally does not violate the privacy rights of employees under state and federal laws and can provide helpful data to employers.
Next Steps
Employers may wish to review their policies for hybrid work arrangements, attendance monitoring, and progressive discipline for workers with attendance violations. Progressive discipline for attendance violations can be outlined in an employee handbook. During the hiring and onboarding process, it is helpful to be clear with every employee about the company’s expectations for on-site work hours, use of security badges, and monitoring of employee attendance through badge swipes.
Ogletree Deakins will continue to monitor developments and will provide updates on the Return to Work blog as new information becomes available.
William E. Grob is a shareholder in Ogletree Deakins’ Tampa office.
Andrew B. Levin is a shareholder in Ogletree Deakins’ Phoenix office.
This article was co-authored by Leah J. Shepherd, who is a writer in Ogletree Deakins’ Washington, D.C., office.
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