Remote Work and California Labor Laws: Your Rights Explained

The COVID-19 pandemic has dramatically changed the way we work, with many employees transitioning to remote work arrangements. Even as offices reopen, remote work remains a common setup for many Californians.

However, it’s important to understand that California’s labor laws still apply to remote workers. In this article, we’ll explore your rights as a remote employee in California and how to protect yourself from potential employer violations.

California’s At-Will Employment and Remote Work

California is an at-will employment state, meaning that employers can generally terminate employees without cause. This also applies to remote workers. However, there are exceptions to this rule.

Employers cannot terminate employees for illegal reasons, such as discrimination based on protected characteristics like race, gender, age, or disability.

It’s crucial to review your employment contract carefully, even if you’re working remotely. If your employer changes your job duties or expectations without your consent, it may be a violation of your contract. If you have concerns about changes to your employment, it’s best to consult with an experienced California employment law attorney.

Misclassification of Remote Workers as Independent Contractors

Some employers may attempt to misclassify remote workers as independent contractors to avoid legal obligations, such as providing benefits or paying payroll taxes. However, California has strict rules for classifying workers as independent contractors under Assembly Bill 5 (AB 5).

To be considered an independent contractor in California, a worker must:

• Be free from the control and direction of the hiring entity
• Perform work that is outside the usual course of the hiring entity’s business
• Be customarily engaged in an independently established trade, occupation, or business

If you believe you have been misclassified as an independent contractor, you may be entitled to legal remedies, such as back pay, benefits, and penalties. An experienced employment law attorney can help you understand your rights and options.

Expense Reimbursement for Remote Workers in California

Under California Labor Code Section 2802, employers must reimburse employees for necessary business expenses. For remote workers, this may include expenses such as:

• Internet and phone bills
• Computer equipment and software
• Office supplies
• Ergonomic equipment

It’s important for employers to have a clear expense reimbursement policy for remote workers. If your employer fails to reimburse you for necessary business expenses, you may be able to file a claim to recover those costs.

Wage and Hour Laws for California Remote Employees

California’s wage and hour laws, including minimum wage, overtime, and meal and rest break requirements, still apply to remote workers. However, tracking hours and ensuring compliance can be more challenging in a remote work setting.

Employers must pay non-exempt remote employees at least the minimum wage and overtime for hours worked over 8 in a day or 40 in a week. Remote workers are also entitled to a 30-minute unpaid meal break for every 5 hours worked and a 10-minute paid rest break for every 4 hours worked.

To ensure accurate payment, remote workers should carefully track their hours and report any discrepancies to their employer. If you believe you have not been properly compensated, you can file a wage claim with the California Labor Commissioner’s Office or consult with an employment law attorney.

Discrimination and Harassment Protections for Remote Workers

California’s anti-discrimination and harassment laws, such as the Fair Employment and Housing Act (FEHA), apply to remote workers just as they do to in-office employees. Employers cannot discriminate against or harass remote workers based on protected characteristics, such as race, gender, age, disability, or sexual orientation.

Examples of illegal discrimination or harassment in a remote work setting may include:

• Denying remote work opportunities based on a protected characteristic
• Making offensive comments or jokes during video meetings
• Sending discriminatory or harassing emails or messages

If you experience discrimination or harassment while working remotely, you should report it to your employer’s human resources department or a supervisor. If your employer fails to address the issue, you can file a complaint with the California Civil Rights Department or consult with an employment law attorney.

Health and Safety Considerations for Remote Work

Employers have a duty to provide a safe work environment, even for remote workers. This includes addressing potential home office safety hazards and providing ergonomic equipment to prevent injuries.

Remote workers who are injured in the course of their work may be eligible for workers’ compensation benefits. It’s important to report any work-related injuries to your employer as soon as possible and follow the proper procedures for filing a workers’ compensation claim.

Data Privacy and Security for Remote Workers

Remote work can present unique challenges for data privacy and security. California has strict data privacy laws, such as the California Consumer Privacy Act (CCPA), that apply to remote work situations.

Employers should provide clear guidelines and training on data security best practices for remote workers, such as:

• Using secure Wi-Fi connections
• Encrypting sensitive data
• Regularly updating software and security protocols
• Properly disposing of confidential documents

Remote workers should also take steps to protect sensitive information and maintain data security while working from home.

Remote Work Policy Requirements in California

To ensure compliance with California labor laws and prevent misunderstandings, it’s crucial for employers to have clear, written remote work policies. These policies should address issues such as:

• Eligibility for remote work
• Work hours and scheduling
• Communication and availability expectations
• Equipment and expense reimbursement
• Data privacy and security protocols

If your employer does not have a remote work policy or if you have concerns about the terms of your remote work arrangement, it’s best to discuss these issues with your supervisor or human resources department.

If you’re unable to resolve the matter, consulting with an experienced employment law attorney can help you understand your rights and options.

Protect Your Rights as a California Remote Worker

As remote work becomes increasingly common, it’s essential for California employees to understand their rights and protections under state labor laws.

If you believe your employer has violated your rights as a remote worker, such as failing to reimburse necessary expenses, misclassifying you as an independent contractor, or discriminating against you, it’s important to seek legal guidance.

At TONG LAW, our California employment law attorneys are dedicated to protecting the rights of remote workers. We can help you understand your legal options and advocate for your interests. Contact us today for a consultation to discuss your case and learn how we can assist you.