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The Rise of Remote Work: Key California Labor Law Considerations for At-Home Employees

January 21, 2025

Welcome to the Labor Law PC blog, where we focus on empowering California employees with the knowledge and tools they need to protect their rights. One of the biggest shifts in the modern workforce has been the rapid rise of remote or “work-from-home” arrangements. While working from home can offer flexibility and convenience, it also raises unique labor law questions and considerations. In this post, we’ll explore key issues for remote employees in California—from reimbursements to privacy concerns—and provide tips on how to safeguard your rights.


1. Classification: Employee vs. Independent Contractor

As remote work becomes more common, so do questions about worker classification. In California, the ABC Test typically determines whether a worker is an employee or an independent contractor. Under this standard, a worker is presumed to be an employee unless:

  1. The worker is free from control and direction of the hiring entity in connection with the performance of the work,
  2. The worker performs work that is outside the usual course of the hiring entity’s business, and
  3. The worker is customarily engaged in an independently established trade, occupation, or business.

Why It Matters:

  • Employees are entitled to wage and hour protections (e.g., minimum wage, overtime, rest and meal breaks) and other benefits such as workers’ compensation coverage.
  • Independent Contractors typically do not receive these same protections.

If you believe you’ve been misclassified, reach out to a qualified labor law attorney to discuss potential wage claims or other remedies.


2. Wage and Hour Compliance: Overtime and Breaks

California’s wage and hour laws don’t just apply within a physical workplace; they still hold true for remote roles. Key areas to watch include:

  1. Overtime
    • If you are non-exempt (hourly), you must be paid overtime at 1.5 times your regular hourly rate for hours worked over 8 in a day or 40 in a workweek. You may also be entitled to double-time in certain scenarios (e.g., over 12 hours in a day).
  2. Meal and Rest Breaks
    • Non-exempt remote employees are still entitled to a 30-minute unpaid meal break if they work more than five hours in a day, plus a second meal break if they work over 10 hours.
    • A 10-minute paid rest break must be provided for every four hours (or major fraction thereof) worked.
  3. Time Tracking
    • It’s vital to accurately track your working hours—even if you don’t have a physical time clock.
    • Employers must maintain accurate records, but employees should keep their own to verify any disputes.

Tip: If you feel pressured to work “off the clock” or are not receiving overtime pay, document your hours meticulously and consult a labor attorney for advice.


3. Expense Reimbursements: Equipment and Utility Costs

California labor laws require employers to reimburse employees for necessary and reasonable expenses incurred while performing job duties. For remote employees, this can include:

  • Internet and Phone Bills: If you use your personal internet or phone line for work-related tasks, you may be entitled to partial reimbursement.
  • Computer Equipment and Software: If your employer requires you to use certain hardware or software and doesn’t provide it, you may be able to claim reimbursement.
  • Home Office Setup: In some cases, costs for ergonomic desk chairs, lighting, or specialized office equipment might qualify as reimbursable expenses.

Practical Steps:

  • Keep receipts for any work-related purchases or utility bills.
  • Review your company’s reimbursement policy.
  • If there’s no policy or it’s unclear, ask HR or management for written guidelines.

4. Privacy and Workplace Monitoring

A major concern for remote workers is the scope of employer monitoring. Whether it’s software that tracks mouse movements or records keystrokes, employees often wonder how far an employer can go. In California, privacy laws are relatively robust, but there are a few key points to remember:

  • Disclosure: Employers generally must inform employees if they are monitoring electronic communications, such as email or instant messaging.
  • Relevance: Any monitoring should be directly related to business interests (e.g., preventing data breaches).
  • Expectation of Privacy: If you’re using your personal device for work, clarify whether your employer has any right to install monitoring software or access your personal data.

What You Can Do:

  • Request a copy of your employer’s privacy and acceptable-use policies.
  • Use separate devices or user profiles for personal vs. work activities if possible.
  • If you suspect unauthorized or overly invasive monitoring, consult an employment attorney.

5. Workers’ Compensation and Workplace Safety

Remote employees sometimes overlook workers’ compensation because they’re not in a physical office. However, if you’re injured or develop a work-related ailment while performing your job duties at home, you may still be eligible for workers’ comp.

  • Setting Up a Safe Workspace: Employers have a vested interest in ensuring you have a safe environment—even if you’re working from your living room.
  • Reporting Injuries: Promptly report any injuries to your supervisor or HR department, just as you would in a traditional office.
  • Documentation: Keep a record of how the injury occurred, when, and where. Photograph any hazardous conditions that contributed to the incident, if applicable.

6. Discrimination and Harassment in the Virtual Space

Even in a remote setting, anti-discrimination laws still apply. Harassment or discrimination via video calls, emails, or chat messages is just as unlawful as it would be face-to-face. Employers must maintain a hostile-free work environment, which extends to virtual platforms.

  • Record and Report: If you experience or witness harassment during online meetings or in digital communications, keep copies (screenshots, chat logs) and report the incident following your employer’s established procedure.
  • Protected Characteristics: California law protects employees from discrimination or harassment based on race, gender, sexual orientation, age, religion, disability, and more—this remains the case regardless of work location.

7. Practical Tips for Remote Employees

  1. Review Your Employment Agreement: Make sure it outlines remote work expectations, reimbursement policies, and any company-specific guidelines.
  2. Track Everything: Log your hours, keep expense receipts, and save important communications in case you need them for a wage or labor dispute.
  3. Communicate Early and Often: If you have concerns—about workload, expenses, privacy, or working conditions—raise them with your employer or HR department sooner rather than later.
  4. Stay Informed: California’s labor laws evolve. Stay up-to-date by following reputable news sources or checking in with a labor law attorney when questions arise.

Conclusion

Remote work opens doors to new opportunities and flexibility, but it also brings challenges that traditional labor laws weren’t initially designed to address. As a California employee, understanding your rights under wage and hour laws, reimbursement rules, privacy protections, and workers’ compensation guidelines is critical to ensuring you’re treated fairly—no matter where your “office” is located.

At Labor Law PC, we’re committed to helping you make sense of these evolving legal standards. If you have questions about your specific circumstances or believe your rights have been violated, don’t hesitate to reach out for a consultation.

Disclaimer: This blog is for informational purposes only and does not constitute legal advice. For specific legal concerns, please consult an attorney.

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    Labor Law PC

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