Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: August 12, 2021
The Firm
201-896-4100 info@sh-law.com
Even when the COVID-19 pandemic is over, many employees will not be returning to the office. At least, not full-time. The transition to remote and hybrid work models is forcing many businesses to rethink their use of office space.
For some businesses, relying on a shared workspace rather than leasing a large office space makes more sense now. However, it is important to understand the risks and benefits of co-working spaces before making the switch.
Studies are finding that most employees want the flexibility of remote and/or hybrid work models to continue after the COVID-19 pandemic is over. In fact, some workers have reported that they would quit their jobs if forced to return to the office full-time.
According to media reports, approximately 58% of workers said they would “absolutely” look for a new position if they weren’t allowed to continue working remotely in their current position. Overall, a FlexJobs study found that 65% of employees want to work remotely full-time post-pandemic, and another 33% prefer a hybrid work arrangement of remote and in-office work, according to the survey. Only 2% would prefer to return to the traditional office on a full-time basis.
With fewer employees in the office, co-working is becoming more common, even among larger businesses. Sharing office space typically occurs in one of two ways. In one model, a primary tenant licenses portions of its leased premises to end user licensees. The license agreements set forth the terms for occupancy, including the occupancy fee and fees for various additional amenities, such as internet, front desk support, coffee service, and office supplies.
In another model, companies provide a multi-location network of shared office space. These chains, such as WeWork Companies, Inc., require users to enter into a membership agreement, with the membership fee determined by the level of service provided. For instance, low-cost memberships may only offer occasional access to office space, while members can pay more to have the same desk every day.
For businesses, relying on co-working rather than leasing traditional office space can have significant benefits. The most notable benefit is the ability to have a fully-functional office at a fraction of the cost. Many work-share spaces also offer common areas and organized opportunities for members to socialize and network.
Flexibility is also a major benefit. The term of a traditional commercial lease is generally five to ten years. Meanwhile, a shared office license can be as short as three months, with the majority lasting one year with opportunities for renewal. Businesses and workers may also be able to rent office space on certain days of the week or a certain number of days per month.
Before transitioning to shared office space, it is important for businesses to recognize that they will lose some benefits of a traditional office. The most significant is privacy. Most co-working spaces are comprised of large, open rooms filled with many desks. So, if you don’t have access to a private office for phone calls, there is a risk that those around you will be privy to your conversations. Office equipment and network infrastructure is also often shared, which means you might have less control over its security.
With this in mind, it is important to consider the following before entering into a co-working agreement:
When pursuing a co-working license, it is imperative to protect your legal rights. Prior to executing an agreement, we encourage all businesses to consult with an experienced attorney. If you have any questions or if you would like to discuss the matter further, please contact me, Lawrence Teijido, or the Scarinci Hollenbeck attorney with whom you work, at 201-896-4100.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

For developers pursuing battery energy storage system (BESS) projects, finding the right property is only the beginning. BESS site selection is as much a legal and transactional exercise as a real estate decision, with risk analysis central to the project’s ultimate success. Key Takeaways The core questions for BESS site selection in New York and […]
Author: Nicholas Wall

What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]
Author: Michael Mietlicki

Arbitration resolves disputes privately before an arbitrator whose decision is usually final, while litigation resolves them in court with full rights of appeal. Whether a business ends up in arbitration or litigation is often decided when it signs the contract, long before any dispute arises. Key Takeaways When facing a contract dispute, carefully consider your […]
Author: Graham Staton

Can you own part of a business in New Jersey without a written agreement? Yes, it is possible. Under New Jersey’s Uniform Partnership Act, a partnership can arise when two or more people carry on a business as co-owners for profit, whether or not they ever intended to form one. Ownership doesn’t necessarily depend on […]
Author: Michael Mietlicki

For New Jersey businesses, crisis preparedness should be viewed as a legal and operational function, not simply an emergency-management exercise. A well-designed crisis response plan can help preserve evidence, protect confidential communications, meet reporting obligations, limit unnecessary exposure, and prevent an already difficult situation from becoming a larger legal problem. Key Takeaways A serious crisis […]
Author: Sean M. Pena

Monmouth County is entering a significant new phase of development. For those looking to acquire property or undertake a new project, understanding the market opportunity is only the beginning. The more important question is whether a particular property can actually be developed as contemplated and what approvals, agreements, and other conditions will be required to […]
Author: Donald M. Pepe
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!