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.

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’s leading to shifting labor laws. 

Working from home doesn’t mean you’re exempt from following California employment laws. You have to follow the laws, too.

Understanding How California’s Employment Laws Apply to Remote Workers

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.

In addition to wages, you’re protected by other laws. 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.

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.

You don’t get to skip sexual harassment training just because you’re 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’s recommended.

What Are the Biggest Considerations?

One of the biggest things to remember in California is that working from home doesn’t automatically make you an independent contractor. Some companies label you as such while treating you as an employee. That’s illegal. There’s 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.

• A – Are you free from the direction and control of the company? This includes when you work, how you work, and even where you work. If you have to use company equipment or be available between 9 a.m. and 5 p.m., you’re not free from direction or control.
• B – Are you performing work that’s outside of your usual work duties? If you’re asked to edit video footage and that’s your job, that’s fine. If the company also asks you to learn to write scripts, hire actors, and film the video footage, that’s beyond your usual scope of work.
• C – Do you work in that field? If you are a plumber and asked to do the plumbing in a company, you’re working in the same field.

There are times when the ABC test isn’t suitable for determining if you are an employee vs. an independent contractor. In this case, the Borello test is used. That test looks at these factors.

• How long do you expect or have been told the role will last?
• How long you’ve worked for the client and how permanent that role is.
• If the company can fire you at will or whether your termination would breach a contract.
• The work you do is integral to the company.
• Whether you are allowed to hire your own employees.
• You need special skills to do your job.
• You supply the equipment needed to do the work.
• You’re engaged in a trade, business, or occupation that is different from the company you’re doing work for.
• Your profit and loss are determined by your skill in managing your business. 
• Your work requires direction or supervision from the employer.

Discrimination and workplace harassment laws don’t disappear when you work from home. If you require special equipment to do your job correctly, your employer has to provide it. If you’re hearing-impaired and need video meetings to have closed-captioning, your employer has to make sure that equipment is available.

You need to make sure you’re taking proper measures to keep your work information private. If you’re handling confidential files all day, make sure security is a priority. Use whatever recommended security software is required, and log in to secure servers as instructed.

Just because you’re at home, you don’t get to ignore workplace protocol. Make sure you understand what’s expected of you.

The Future of Hybrid and Remote Work Laws and How They’ll Help You

Some companies have  that remote workers often work harder than their in-office counterparts. There are fewer distractions, which makes it easier to focus on the job. For this reason, several remote work laws are still being considered.

The Federal Government is working on S. 4266, aka the Back to Work Act of 2024. If it passes, it would order any federal employee to return to the office at least 40% of the time. Two exceptions exist. A military or federal law enforcement spouse would be granted special permission to extend telework arrangements.

AB 2751 is a newer act that will enable employees to disconnect from all employment communications outside of work hours. If an employer contacts workers after hours, fines of more than $100 are possible. It’s currently stalled in committee, however, so it’s unsure if this will pass in 2024. If it doesn’t, employers need to be prepared to have policies in place to ensure emergencies are defined and that non-emergency after-hour calls and messages stop happening.

Work With an Expert in Employment Law

It’s important to stay updated about changing employment laws in both the U.S. and California. Knowing how these laws impact your rights is key to a positive experience working from home. If you’re ever uncertain whether your employer is following the latest laws, talk to an employment law specialist. An attorney is your best defense against unfair remote work contracts or requirements.

Shegerian Conniff works hard to ensure our clients receive fair treatment in a hybrid or remote work arrangement. Don’t sign a remote work contract before speaking to an expert in California employment laws or allow your employer to get away with illegal or discriminatory practices. We’re here to help you, contact us today.