It's Time To Level The Playing Field

Photo of Professionals at Caskey & Holzman

How remote work can violate California labor laws

On Behalf of | May 23, 2024 | wage and hour violations

Remote work has become more common over the last few years. One in five employees worked remotely in August 2023, according to the U.S. Bureau of Labor Statistics.

While remote work offers flexibility and convenience, it can also lead to California labor law violations.

Misclassification of employees

One common issue with remote work is the misclassification of employees. In California, the ABC test determines if a worker is an independent contractor or an employee. Misclassification can have legal consequences.

Failure to pay for all hours worked

California employment law requires employers to pay their employees for every hour they work. Remote employees might work beyond their regular hours, including checking emails or taking calls, outside their scheduled times. Both parties should track all hours worked.

Overtime pay

California requires employers to pay time and a half for hours worked over eight in a day or 40 in a week. Remote employees might work more than these limits without proper overtime pay. Both parties should monitor work hours accurately to ensure correct overtime compensation.

Meal and rest breaks

California law mandates that employees get a 30-minute meal break for every five hours worked and a 10-minute rest break for every four hours. Remote workers might skip these breaks. Employers should ensure that remote employees take their legally required breaks.

Expense reimbursement

Many remote employees use their personal devices, internet or office supplies to perform their jobs. Employers need to reimburse these expenses to comply with the law.

Workplace safety

Employers should ensure that employees’ home office environments meet safety standards. This can include ergonomic furniture and equipment to prevent injuries.

Employees need to learn about their rights to avoid any potential employment law issues. This allows both parties can enjoy the advantages of remote work while staying within legal boundaries.