In today’s rapidly evolving work landscape, remote work has become the new normal for many employees. As a result, both employers and employees are navigating uncharted territory when it comes to understanding how California employment laws apply to telecommuting arrangements.
At Resolve Wannon, we understand that this can be a daunting and confusing process. That’s why we’ve put together this guide to help shed light on the key labor rights, health and safety regulations, and employee benefits that remote workers in California should be aware of.
Do California Employment Laws Apply to Remote Workers?
The short answer is yes. California’s employment laws generally apply to all employees who physically work within the state, regardless of where their employer is located. So even if you’re working remotely for an out-of-state company, you’re still entitled to the protections and benefits afforded by California law.
Some of the key California employment laws that apply to remote workers include:
- Minimum wage and overtime requirements
- Meal and rest break rules
- Paid sick leave
- Harassment and discrimination protections
- Workers’ compensation coverage
It’s important for employers with remote employees in California to comply with these state-specific regulations in addition to applicable federal laws.
What Are the Key Employee Rights for California Remote Workers?
As a remote worker in California, you have various rights under state law. Let’s break down some of the most important ones:
Minimum Wage and Overtime
As of 2024, the minimum wage in California is $16 per hour for all employers. This means that remote employees must be paid at least this hourly rate for all hours worked.
In addition, non-exempt remote employees in California are entitled to overtime pay of:
- 1.5 times their regular rate for hours worked over 8 in a day or 40 in a week
- Double their regular rate for hours worked over 12 in a day or over 8 on the 7th consecutive workday
Employers must accurately track the hours worked by remote employees to ensure proper payment of wages and overtime.
Meal and Rest Breaks
California law requires employers to provide non-exempt employees with:
- A 30-minute unpaid meal break for shifts over 5 hours
- A second 30-minute meal break for shifts over 10 hours
- A paid 10-minute rest break for every 4 hours worked
These break requirements apply to remote employees as well. Employers should have a system in place for remote workers to record their break times.
If you have any questions or concerns about your rights to meal and rest breaks as a remote employee, don’t hesitate to reach out to us at Resolve Wannon. Our knowledgeable mediators are here to provide guidance and support.
Expense Reimbursement
Under California Labor Code Section 2802, employers must reimburse employees for all “necessary expenditures or losses” incurred as a direct result of their job duties. For remote workers, this may include costs associated with:
- Home office equipment like computers, phones, printers
- Necessary office supplies
- Portion of home internet and phone bills used for work
- Mileage reimbursement for any required travel
Employers should establish clear policies around expense reimbursement for remote employees to ensure compliance with state law.
Health and Safety Regulations for Telecommuting
While working from home offers many benefits, it’s important for both employers and employees to prioritize health and safety in remote work environments.
Ergonomic Standards
Although there are no specific Cal/OSHA regulations on ergonomic standards for remote workspaces, employers still have a general duty to provide a safe working environment.
Some best practices include:
- Providing ergonomic equipment like adjustable chairs and keyboards
- Conducting virtual ergonomic assessments of home offices
- Training employees on proper workstation setup and posture
Workers’ Compensation Coverage
Remote employees are covered by their employer’s workers’ compensation insurance for injuries arising out of and in the course of employment, even if the injury occurs in the employee’s home.
Employers should:
- Remind remote employees to report any work-related injuries immediately
- Investigate telecommuting injury claims promptly
- Provide necessary treatment and benefits
Navigating Remote Work Challenges Together
As remote work continues to evolve, it’s natural for both employers and employees to have questions and concerns about their rights and obligations under California employment law.
At Resolve Wannon, we understand that these issues can be complex and emotionally charged. That’s why we’re committed to providing impartial, expert guidance to help employers and employees collaboratively resolve any conflicts that may arise in remote work situations.
If you’re struggling to navigate the challenges of remote work, know that you’re not alone. Our team of experienced mediators is here to listen, provide support, and help you find solutions that work for everyone involved.
Don’t hesitate to reach out to us at 310-592-4359 to learn more about how we can help. Together, we can create a positive, productive remote work environment that complies with California law and meets the needs of both employers and employees.
Your Questions Answered: California Employment Laws for Remote Employees
Do California employment laws apply to remote employees?
Yes, California’s employment laws generally apply to all employees physically working within the state, even if they work remotely for an out-of-state employer.
What are the employee rights for remote workers in California?
Remote employees in California have various rights under state law, including minimum wage, overtime pay, meal and rest breaks, expense reimbursement, and protections against harassment and discrimination.
How do California laws regulate telecommuting?
While there are no California laws specifically regulating telecommuting, employers with remote workers must still comply with all applicable wage and hour laws, provide a safe working environment, and reimburse necessary business expenses.
Are remote employees entitled to overtime pay?
Yes, non-exempt remote employees in California must receive overtime pay of 1.5 times their regular rate for hours worked over 8 in a day or 40 in a week, and double time for hours worked over 12 in a day.
Does workers’ compensation cover injuries in a home office?
Remote employees are eligible for workers’ compensation benefits for injuries arising out of and in the course of their employment, even if the injury occurs at home. Employers should ensure remote workers understand the process for reporting work-related injuries.