Remote Employee Rights in California: Know What the Law Protects

Yes. Working from home does not take away your rights as a California worker. Depending on your job, you may still have rights related to minimum wage, overtime, breaks, work expenses, and discrimination. It also makes a difference whether you are an employee or an independent contractor, since different rules can apply.

At Blair & Ramirez LLP, we help employees understand their rights when work problems happen at home. If you are unsure about a workplace rule, keep a copy of it along with any messages from your employer. These records can help show what your employer asked you to do and how the rule was used.

Working from home does not remove your overtime rights. In general, nonexempt employees must get overtime pay after working more than 8 hours in a workday or 40 hours in a workweek. Double time can apply after 12 hours in a workday. Some jobs have different rules or exemptions.

Your employer must generally pay for overtime that you work even if you did not get permission first. Your employer can still discipline you for breaking its overtime policy. If you answer work emails late at night or finish tasks after your normal hours, keep track of that time. Being paid a salary or working from home does not automatically make you exempt from overtime.

Your employer may use a timekeeping app, timesheet, or another system to track your hours. You should follow that system and record all the time you spend working. Problems can happen when you are asked to work before clocking in, after clocking out, or during an unpaid meal break.

If your time record does not include work you did, write down the date, what you worked on, and how long it took. Keep messages, schedules, and time records when you can. California overtime rules generally cover work your employer knows about or allows you to do. At Blair & Ramirez LLP, we can review your pay concerns along with your work and time records.

Sometimes, yes. California Labor Code section 2802 generally requires employers to repay employees for necessary costs they pay because of their work or because of an employer’s directions. For remote workers, this may include part of the cost of internet service, phone use, or equipment needed for work.

This does not mean your employer must pay for every home expense. The cost usually needs to be connected to your work and necessary for your job. Keep receipts, bills, and messages that show what your employer asked you to pay for. A reimbursement claim for remote work expenses in California will depend on the facts of your situation and the records you have.

Research shows that working from home can have both benefits and challenges. A 2023 study in Frontiers in Psychology looked at 4,554 employees across seven countries. Employees reported high job satisfaction and work-life balance, and most people working from home wanted to keep doing so.

But remote work does not work the same way for everyone. A 2024 review in the Journal of Occupational Health looked at 62 studies and found that some remote workers faced isolation, loneliness, heavier workloads, and problems with work-life balance. Together, these studies show why remote work can look different from one workplace to another. Neither study tells us whether an employer followed California law.

Yes. Working from home does not take away your protection from workplace discrimination. California law protects employees from discrimination based on traits such as race, sex, age, religion, and disability. These protections can apply to remote and hybrid workers too.

If you have a disability, an accommodation may sometimes include working from home, changing your schedule, or changing your duties. The right accommodation depends on the job and your situation. If you believe you were treated unfairly after asking for an accommodation or raising a workplace concern, keep your messages and other records. At Blair & Ramirez LLP, we help employees with discrimination and retaliation claims.

Hybrid workers can still have the same basic employment protections as other California employees. Working some days at home and some days in the office does not remove rights related to pay, hours, expenses, discrimination, or accommodations.

Keep track of your work hours and any work costs you pay yourself. You should also read your company’s hybrid work policy so you know what is expected on home and office days. If your employer changes your schedule or work location after you raise a protected concern, the facts and timing may be important. At Blair & Ramirez LLP, we can help you understand your hybrid worker employment rights that California employees may have.

Start by saving the records you already have. Keep your pay stubs, time records, work schedules, receipts, company policies, and messages about your work. These records can help show what happened if there is a dispute.

If the problem continues, you may want to get legal advice about your options and any filing deadlines. The right next step depends on the issue. At Blair & Ramirez LLP, we can review your situation and help you understand which California employment laws may apply. Contact us here.

• Remote workers still have California employment rights.
• Overtime rules can apply at home.
• Keep track of all hours worked.
• Necessary work expenses may be reimbursable.
• Discrimination protections also cover remote and hybrid work.