Workplace

Offices closing, cases rising: In Silicon Valley, it’s March 2020 all over again

"We'll reopen when it's right, but right now the world is changing too much."

Masked people sitting at a conference table

Tech companies are handling the delta variant in differing ways.

Photo: alvarez/Getty Images

It's still 2021, right? Because frankly, it's starting to feel like March 2020 all over again.

Google, Apple, Uber and Lyft have now all told employees they won't have to come back to the office before October as COVID-19 case counts continue to tick back up. Facebook, Google and Uber are now requiring workers to get vaccinated before coming to the office, and Twitter — also requiring vaccines — went so far as to shut down its reopened offices on Wednesday, and put future office reopenings on hold.

"It's very much the same reason that we sent everybody home in February 2020," Jennifer Christie, Twitter's chief human resources officer, told Protocol. "We'll reopen when it's right, but right now the world is changing too much."

Twitter had only been allowing vaccinated employees at its offices since reopening its San Francisco and New York sites at half-capacity earlier this month. But because even vaccinated people seem to be able to transmit the highly infectious delta variant, Twitter executives decided to shut down the company's offices this week in order to prevent co-workers from spreading the virus to each other and then bringing it home.

Employees seemed to be growing more concerned about the variant over the last week or so. After a strong turnout during the first week of reopening, attendance at Twitter's offices had dwindled, Christie said.

Although postponing return-to-office dates well into the fall or even next year has now become the norm — Roblox is yet another company delaying its reopening until January, the company told Protocol on Friday — Twitter is the first tech giant to backtrack and close its reopened offices.

(One outlier is Amazon, which said Thursday that it was still planning to reopen offices in September and would not impose a vaccine mandate.)

Twitter, by contrast, has no timeline for reopening its offices and expects to keep its vaccine mandate into the foreseeable future, Christie said.

The mandate might be easier to impose at remote-first Twitter than at companies like Google, which is adopting a hybrid work model that requires most employees to come to the office three days a week. Twitter, by contrast, allows its employees to work remotely by default.

"Coming into the office is a privilege, and if they want to come in, they're going to have to abide by the vaccination rules that we're putting in, because that's to protect everybody," Christie said. "We're letting them choose vaccination. We're letting them choose where they want to work."

Vaccine mandates apply to contractors, too

Both Google and Twitter told Protocol that their vaccine mandates would apply to their entire workforce, employees and contractors included. Facebook, too, said Wednesday that it would require "anyone coming to work at any of our U.S. campuses to be vaccinated."

So, what does that look like? Christie said that Twitter would be telling any organizations that staff the tech giant with contract workers that "these are the standards that we operate by, and if you're having people come into our offices, that's what we would expect."

It's unclear whether that could pose legal issues for Big Tech, where some companies employ armies of white-collar contract workers.

Rick Gerakitis, an Atlanta-based partner in the labor and employment practice of Troutman Pepper, said it's possible that by imposing a vaccine mandate on contract workers, companies could be seen as treating them like employees under rules like the ABC test established by California's Assembly Bill 5.

"How do we design a remote-work program in a way that actually is something that's manageable, but it also doesn't put them at risk of saying, 'You're now an employee,'" Gerakitis said. "'Because we set too many control factors that make you ... not have a level of independence that you should.'"

Christie said Twitter could make some exceptions for contractors depending on the type of work they're doing or when they're in the office.

"We take it on a case-by-case basis, but we still wouldn't do anything that would put our employees at risk," Christie said. "We work with them to make sure that it wouldn't put our vaccination policies — it wouldn't throw those out the window."

Return-to-office plans and the war for tech talent

Another issue companies face as they refine their return-to-office strategies is competing for talent. Sought-after engineers have choices in Silicon Valley, and if they don't like their employer's policy on vaccines, masks or hybrid work, they can leave.

Adam Kemper, a partner practicing labor and employment law at Kelley Kronenberg in Fort Lauderdale, noted that several large tech companies had made similar announcements in the span of a couple of days.

"It shows some alignment there," Kemper said. "Then, an employee can't just go work for the competitor that's having the same exact policy in place, if they're all doing the same thing."

There's still ample variation among how tech companies are approaching the return to the office. In addition to Amazon, the large companies that haven't announced vaccine mandates include Apple, Microsoft, SAP, Hewlett Packard Enterprise and Intel, among others.

But with Google, Facebook, Twitter, Lyft, Uber and others all requiring vaccines, it seems likely that other vaccine mandates will follow.

"At some point, we're going to have to have businesses play a role in this that will push it forward, and I think that will result in some organizations, if not many, requiring the vaccination," said Liz Joyce, a vice president on Gartner's HR advisory team. "If you look across what's been happening so far, encouraging vaccinations isn't sufficient."

Fintech

Judge Zia Faruqui is trying to teach you crypto, one ‘SNL’ reference at a time

His decisions on major cryptocurrency cases have quoted "The Big Lebowski," "SNL," and "Dr. Strangelove." That’s because he wants you — yes, you — to read them.

The ways Zia Faruqui (right) has weighed on cases that have come before him can give lawyers clues as to what legal frameworks will pass muster.

Photo: Carolyn Van Houten/The Washington Post via Getty Images

“Cryptocurrency and related software analytics tools are ‘The wave of the future, Dude. One hundred percent electronic.’”

That’s not a quote from "The Big Lebowski" — at least, not directly. It’s a quote from a Washington, D.C., district court memorandum opinion on the role cryptocurrency analytics tools can play in government investigations. The author is Magistrate Judge Zia Faruqui.

Keep Reading Show less
Veronica Irwin

Veronica Irwin (@vronirwin) is a San Francisco-based reporter at Protocol covering fintech. Previously she was at the San Francisco Examiner, covering tech from a hyper-local angle. Before that, her byline was featured in SF Weekly, The Nation, Techworker, Ms. Magazine and The Frisc.

The financial technology transformation is driving competition, creating consumer choice, and shaping the future of finance. Hear from seven fintech leaders who are reshaping the future of finance, and join the inaugural Financial Technology Association Fintech Summit to learn more.

Keep Reading Show less
FTA
The Financial Technology Association (FTA) represents industry leaders shaping the future of finance. We champion the power of technology-centered financial services and advocate for the modernization of financial regulation to support inclusion and responsible innovation.
Enterprise

AWS CEO: The cloud isn’t just about technology

As AWS preps for its annual re:Invent conference, Adam Selipsky talks product strategy, support for hybrid environments, and the value of the cloud in uncertain economic times.

Photo: Noah Berger/Getty Images for Amazon Web Services

AWS is gearing up for re:Invent, its annual cloud computing conference where announcements this year are expected to focus on its end-to-end data strategy and delivering new industry-specific services.

It will be the second re:Invent with CEO Adam Selipsky as leader of the industry’s largest cloud provider after his return last year to AWS from data visualization company Tableau Software.

Keep Reading Show less
Donna Goodison

Donna Goodison (@dgoodison) is Protocol's senior reporter focusing on enterprise infrastructure technology, from the 'Big 3' cloud computing providers to data centers. She previously covered the public cloud at CRN after 15 years as a business reporter for the Boston Herald. Based in Massachusetts, she also has worked as a Boston Globe freelancer, business reporter at the Boston Business Journal and real estate reporter at Banker & Tradesman after toiling at weekly newspapers.

Image: Protocol

We launched Protocol in February 2020 to cover the evolving power center of tech. It is with deep sadness that just under three years later, we are winding down the publication.

As of today, we will not publish any more stories. All of our newsletters, apart from our flagship, Source Code, will no longer be sent. Source Code will be published and sent for the next few weeks, but it will also close down in December.

Keep Reading Show less
Bennett Richardson

Bennett Richardson ( @bennettrich) is the president of Protocol. Prior to joining Protocol in 2019, Bennett was executive director of global strategic partnerships at POLITICO, where he led strategic growth efforts including POLITICO's European expansion in Brussels and POLITICO's creative agency POLITICO Focus during his six years with the company. Prior to POLITICO, Bennett was co-founder and CMO of Hinge, the mobile dating company recently acquired by Match Group. Bennett began his career in digital and social brand marketing working with major brands across tech, energy, and health care at leading marketing and communications agencies including Edelman and GMMB. Bennett is originally from Portland, Maine, and received his bachelor's degree from Colgate University.

Enterprise

Why large enterprises struggle to find suitable platforms for MLops

As companies expand their use of AI beyond running just a few machine learning models, and as larger enterprises go from deploying hundreds of models to thousands and even millions of models, ML practitioners say that they have yet to find what they need from prepackaged MLops systems.

As companies expand their use of AI beyond running just a few machine learning models, ML practitioners say that they have yet to find what they need from prepackaged MLops systems.

Photo: artpartner-images via Getty Images

On any given day, Lily AI runs hundreds of machine learning models using computer vision and natural language processing that are customized for its retail and ecommerce clients to make website product recommendations, forecast demand, and plan merchandising. But this spring when the company was in the market for a machine learning operations platform to manage its expanding model roster, it wasn’t easy to find a suitable off-the-shelf system that could handle such a large number of models in deployment while also meeting other criteria.

Some MLops platforms are not well-suited for maintaining even more than 10 machine learning models when it comes to keeping track of data, navigating their user interfaces, or reporting capabilities, Matthew Nokleby, machine learning manager for Lily AI’s product intelligence team, told Protocol earlier this year. “The duct tape starts to show,” he said.

Keep Reading Show less
Kate Kaye

Kate Kaye is an award-winning multimedia reporter digging deep and telling print, digital and audio stories. She covers AI and data for Protocol. Her reporting on AI and tech ethics issues has been published in OneZero, Fast Company, MIT Technology Review, CityLab, Ad Age and Digiday and heard on NPR. Kate is the creator of RedTailMedia.org and is the author of "Campaign '08: A Turning Point for Digital Media," a book about how the 2008 presidential campaigns used digital media and data.

Latest Stories
Bulletins