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Tuesday, November 25, 2025

Managing the legal ‘grey zones’ of WFH and flexible work - HRD America

Employment lawyer tells HRD how to avoid legal pitfalls

The hybrid work model, while still a point of contention for some employers wanting staff to return to the office, is now embedded in many workplaces.

While employees like the flexibility of WFH, it comes with a range of legal complexities that HR leaders find themselves at the centre of resolving.

“Ten years ago, employees had to fight for flexible work. Now the challenge for employers is bringing people back into the office,” Mandi Xu, Principal at Melbourne-based law firm, Russell Kennedy, told HRD.

“The hybrid model is here to stay, but it comes with risks that employers need to manage carefully.”

Ahead of her session at the Employment Law Masterclass Australia later this month, Xu emphasised there are a number of ways employer can navigate the legal ‘grey areas’ around hybrid work.

Issues surrounding compliance, Xu said, include:

  • Productivity and performance management
  • Work health and safety risks
  • Side hustles and potential conflicts of interest
  • Loss of workplace culture and conflict

Tackling legal issues in hybrid work agreements

Xu outlined several key issues that workplaces could face when it comes to upholding workplace agreements, whilst also allowing flexibility to staff – a key priority for many, especially Gen Z.

“It’s never one-size-fits-all - some employees thrive in hybrid arrangements, others need more structure, and a small percentage will test the boundaries. HR needs the frameworks and the tools...



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