Remote working pre-pandemic was often a practice for office bosses, business owners, and solo entrepreneurs, but then came the Covid-19 pandemic, influencing and modifying nearly every aspect of our society, most notably the workplace. The Public Policy Institute of California (PPIC) conducted a Statewide Survey in 2021, finding that 22% of Californians surveyed were working remotely (or from home). An additional 15% reported working a combination role of remote and outside the home hours. Additionally, PPIC projected the number of Californians working remote jobs would only further increase in 2022.
In the next five years, 40.7 million workers will shift to fully remote jobs, according to Upwork’s Future Workforce Pulse Report.
California’s New Provisions for Remote Work
The State of California offers more protections to employees than almost any other state in the union. Additionally, California’s labor laws apply to both remote and in-person employees.
However, to adapt to the changing landscape of the US economy and workforce, states across the country, including California, have adopted new legislative measures.
Accessibility of Workplace Notifications
In July of 2021, a California Senate Bill, SB No. 657, known as the “Electronic Transmission of Workplace Notices” was signed into law. The new law permits employers to attach workplace notices to emails for remote employees. This change to the law, while seemingly minor, is of great significance to employers with growing remote workforces. Payroll scheduling, wage orders, whistleblower rights, non-discrimination notices, etc., must be sent via email to remote workers in the same way they are posted and made available for in-office employees.
Legal Ramifications of Telecommunications
Employers must establish a telecommuting policy that allows employees to work from home using technology. In the policy, the employer will outline what it considers “work”, particularly in the remote setting, and how records will be maintained.
Reimbursement for Technology Expenses for Remote Employees
A provision of the California Labor Code stipulates that employers reimburse their employees for all necessary and reasonable business expenditures, including any losses incurred by their employees in the course of their employment.
It can be challenging to define the criteria deemed reasonable in remote work cases—still, some examples of what may qualify for reimbursement costs include internet access expenses or cellular data plan charges. For privacy and confidentiality issues, most employees cannot bring home technology issued by the government. Remote workers will usually have to use their own technology at home in these situations, which can be costly.
- An employer should reimburse an employee for expenses incurred while performing their duties, including tools. When it comes to work-related laptop or tablet purchases, you may have a good case for reimbursement. Placing a request through your place of work is an initial step in the process. Expenses for printers and software for teleconferencing, if necessary, may also be eligible for reimbursement.
An itemized pay stub must include the reimbursement amount. Employers should provide their employees with a monthly reimbursement sum based on what they determine as a “reasonable” amount.
Suppose there is a discrepancy between what your employer considers “reasonable.” In that case, the employee should have the opportunity to provide a breakdown of expenses and what they deem to be “reasonable.”
Other Laws Applicable to Remote Workers
During the ongoing pandemic, remote work is only growing in prevalence. Therefore, it is important to have rules and expectations regarding this type of employment for both parties, employer, and employee. The rights and protections of remote workers are the same as those of their in-person counterparts.
Note: Independent contractors do not fall under the same provisions.
California’s wage and hour laws are complex but must be applied fairly to non-exempt remote and teleworking employees. According to California law, employers with non-exempt teleworkers must provide meal and rest breaks for their workers.
The California Labor Code also requires overtime, and any double-time pay for teleworkers. Due to teleworkers’ remote nature, it can be tricky to monitor compliance. Therefore, employers should implement legally compliant teleworking policies and explain them to their employees.
Moreover, timekeeping records and schedules should be reviewed consistently to avoid possible issues. Remote workers may still need to work overtime, but it’s best to understand your employer’s overtime policy to avoid potential conflicts.
It is easier for a supervisor to notice an employee who works more than 40 hours per week at a regular office. Often, remote employees may work more than 40 hours per week, but their employers are unaware of this simply because they are not in the office. It is the employer’s responsibility to monitor and track overtime hours.
In most circumstances, an employee who works over 40 hours per week is eligible for overtime benefits under the Fair Labor Standards Act (FLSA). Furthermore, California requires employers to compensate employees who work more than eight hours per day. An employer must pay overtime even if they offer four ten-hour shifts instead of an eight-hour shift.
When You Need Help as a Remote Employee
As a remote worker in California, many existing laws apply to you. Additionally, new legislation has passed, as discussed above. However, as remote work grows, new legislative measures will develop to protect and define any existing grey areas.
Consult our team of California employment litigation attorneys if you have any questions regarding remote employee rights, wage issues (such as overtime worked without compensation), reimbursement of necessary tools, breaks, or sick leave. SANFORD A. KASSEL, A Professional Law Corporation can help. Contact us today for a consultation to learn whether your rights in the workplace may have been violated.
