{"id":4536,"date":"2024-10-15T14:38:12","date_gmt":"2024-10-15T14:38:12","guid":{"rendered":"https:\/\/shegerianconniff.com\/?p=4536"},"modified":"2024-10-15T14:38:12","modified_gmt":"2024-10-15T14:38:12","slug":"the-legal-ramifications-of-remote-work-how-employment-law-is-shifting","status":"publish","type":"post","link":"https:\/\/shegerianconniff.com\/dev\/the-legal-ramifications-of-remote-work-how-employment-law-is-shifting\/","title":{"rendered":"The Legal Ramifications of Remote Work: How Employment Law Is Shifting"},"content":{"rendered":"

While certain workers have been working remotely for decades, telework trended during the pandemic. As of November 2023, 34.8% of workers in management or professional positions worked remotely at least some of the time. The breakdown is that 16.4% always work from home and 18.4% work from home occasionally.<\/span><\/p>\n

In California, 12% of remote workers never have to go to the office, while more than 25% have hybrid work arrangements. Per a survey, 60% of workers in California say they would like a hybrid or fully remote arrangement. California leads the remote work labor market, and that\u2019s leading to shifting labor laws.\u00a0<\/span><\/p>\n

Working from home doesn\u2019t mean you\u2019re exempt from following California employment laws<\/a>. You have to follow the laws, too.<\/span><\/p>\n

Understanding How California\u2019s Employment Laws Apply to Remote Workers<\/span><\/h3>\n

The California Wage Order requires employers to pay workers at least $16 per hour, but wages may be higher depending on the region. In San Francisco, employers must pay $18.67 per hour or more. Overtime wages are paid if an employee works more than 40 hours in a work week.<\/span><\/p>\n

In addition to wages, you\u2019re protected by other laws<\/a>. You get to take a lunch or dinner break if you work five or more hours. You also get a 10-minute break for every four hours worked.<\/span><\/p>\n

Statute 2802 protects workers from having to pay for equipment or expenses incurred while doing their job. If you must have an MFC printer in your home office to do your job, your company must reimburse you for the purchase. If you have to install a landline, your employer pays for it.<\/span><\/p>\n

You don\u2019t get to skip sexual harassment training just because you\u2019re working from home. California code 12950 requires employers with a minimum of five workers or independent contractors to provide at least one hour of sexual harassment and discrimination training to all workers. Employees living in California must complete this training within six months of their hire date. Independent contractors do not have to complete the training, though it\u2019s recommended.<\/span><\/p>\n

What Are the Biggest Considerations?<\/span><\/p>\n

One of the biggest things to remember in California is that working from home doesn\u2019t automatically make you an independent contractor. Some companies label you as such while treating you as an employee. That\u2019s illegal. There\u2019s also complexity regarding how to determine if you are an employee vs. an independent contractor. One way is by using the ABC test, which is a three-question assessment.<\/span><\/p>\n