AUSAs - What is your remote work situation? Forum

[Anonymous User]

Hi AUSAs/recent former AUSAs. I’m a burnt out big law associate interested in becoming an AUSA.

I don’t mind taking the pay cut, but I’m most hesitant about giving up my office’s wfh flexibility (I pretty much never go into the office).

I know it will vary from District to District, but I am curious what remote work flexibility is like for both civil and criminal AUSAs. Thanks!

[Anonymous User]

Hi AUSAs/recent former AUSAs. I’m a burnt out big law associate interested in becoming an AUSA.

I don’t mind taking the pay cut, but I’m most hesitant about giving up my office’s wfh flexibility (I pretty much never go into the office).

I know it will vary from District to District, but I am curious what remote work flexibility is like for both civil and criminal AUSAs. Thanks!

Minimal. Pretty sure that 2 days WFH was the official national policy after lockdown ended. My office started with 2 days a week and then when we got our new USA that went down to one (you're supposed to pick a regular day, although if you have to come in on that day you can probably arrange to WFH on a different day, though officially no guarantees), with situational WFH with approval (i.e. if you have someone coming in to fix your washer, you can WFH so you can be there) or for weather closures. No difference between civil/criminal. New AUSAs in their first year are supposed to be in the office every day.

A friend of mine in a different office still has 2 WFH days per week, last I heard, but they were moving to pare that down to one.

That said, there are some people who've made alternative arrangements. One colleague WFH b/c of health issues that make commuting tough (this is only a recent development), and another WFH a bit more frequently than the standard b/c their family is in another city so they go back and forth (I think usually they WFH 2x/wk). But they have a less conventional caseload and are out of the office more than many for those cases as well.

I think that depending on the office and your individual supervisor and your personal risk tolerance, you might be able to fudge that a little. Like if you had to travel for a meeting the first half of the day, I think a lot of people will just WFH for the second half (depending on distance and such). But officially you are expected to be in the office regularly.

As a criminal AUSA, you're in court pretty often so being in the office isn't too bad since you had to leave the house anyway. In civil, you're basically never in court, so it feels a little more artificial to have to be in the office all the time.

[Anonymous User]

I'm in my first year. In my office, you are not eligible for WFH (except occasional situational WFH) until you've been there six months, when you may become eligible for one day if approved by relevant management. Regular two-day-a-week WFH is available after the first year. Formally, that WFH is supposed to be in a pre-defined at-home location, not at a location of your choice.

[Anonymous User]

I'm in my first year. In my office, you are not eligible for WFH (except occasional situational WFH) until you've been there six months, when you may become eligible for one day if approved by relevant management. Regular two-day-a-week WFH is available after the first year. Formally, that WFH is supposed to be in a pre-defined at-home location, not at a location of your choice.

Oh yeah, you have to give the address of your wfh location and give a brief description to prove it’s an appropriate space (although any home office is fine). I miss working in coffee shops in my pre-law days, but have had the federal security mentality so ingrained in me that I’d feel pretty uncomfortable working on anything USAO-related in a public space.

[Anonymous User]

I think NAAUSA did a survey on this a year or so back. The vast majority of offices allowed WFH 2x a week. Less common were those that allowed more, though I personally know of one USAO that only requires in office work twice a pay period (the minimum). Many only allow WFH 1x a week, and a few even less than that. Again, all based on my memory.

My USAO also has a 6 month tenure requirement before WFH is allowed.

[Anonymous User]

I think NAAUSA did a survey on this a year or so back. The vast majority of offices allowed WFH 2x a week. Less common were those that allowed more, though I personally know of one USAO that only requires in office work twice a pay period (the minimum). Many only allow WFH 1x a week, and a few even less than that. Again, all based on my memory.

My USAO also has a 6 month tenure requirement before WFH is allowed.

OP here. That is reassuring to hear. After working from home for so long now, at least the ability to wfh 2x week would be the minimum for me to make the jump. I'm kind of surprised there is no uniform minimum wfh policy across USAOs, since that kind of information would be helpful to prospective applicants like me.

[Anonymous User]

I think NAAUSA did a survey on this a year or so back. The vast majority of offices allowed WFH 2x a week. Less common were those that allowed more, though I personally know of one USAO that only requires in office work twice a pay period (the minimum). Many only allow WFH 1x a week, and a few even less than that. Again, all based on my memory.

My USAO also has a 6 month tenure requirement before WFH is allowed.

OP here. That is reassuring to hear. After working from home for so long now, at least the ability to wfh 2x week would be the minimum for me to make the jump. I'm kind of surprised there is no uniform minimum wfh policy across USAOs, since that kind of information would be helpful to prospective applicants like me.

Anon from the office that has WFH 1x/wk. I don't intend to sound mean, but they don't care if that info is helpful to prospective applicants like you. USAOs have plenty of applicants even with varying remote policies.

There are some DOJ-wide policies/guidelines (see reference above to minimum requirement of at least twice a pay period), but this kind of policy is at the discretion of the USA and I think it's intended to allow USAs to address circumstances in their own particular districts, since there is quite a bit of variation. Working for a USAO is a slightly weird balance of uniform policy imposed by Main Justice and local policies responding to conditions on the ground in that specific district.

(I'd also bet that most decision-makers in EOUSA who come from a criminal AUSA background are pretty pro-working in the office, though that's pure speculation.)