In the past few years, working from home has gone from being a unique choice for a few forward-thinking companies to a common practice. Businesses worldwide had to get used to lockdowns and other steps to keep people from getting too close during the COVID-19 pandemic. The legal landscape of remote work has been a critical topic for workers and employers in California, known for having policies that set trends and a strong workforce.
Both employers and workers must know their rights and responsibilities in this new world. This piece gives an overview of California’s laws that apply to working from home. It advises employers and workers to do well in this changing work environment.
Employees have the right to a safe place to Work
If an employee lives in California, their “workplace” is still their home, and the boss is still responsible for ensuring it is safe and healthy. The California Occupational Safety and Health Act (Cal/OSHA) covers businesses run from home. Companies may need to ensure that workers who do their jobs from home have ergonomically sound desks and are taught how to do their jobs safely.
Laws about wages and hours
The California Labor Code and the Industrial Welfare Commission’s Wage Orders also cover people who work from home. This means that non-exempt workers should get the same hourly wage, extra pay, meal breaks, and rest breaks as if working at the employer’s office. Employers must keep accurate time records and ensure that workers working from home work on time.
Getting reimbursed for business costs
Section 2802 of the California Labor Code says that employers must pay back employees for costs they had to pay to do their jobs. For workers who do their jobs from home, this can include the costs of internet, phone lines, and other services and tools they need to do their jobs.
Worries about privacy
It can be hard to distinguish between work and personal life when you work from home. California law says that employers must respect their workers’ rights, even when working online. This means that when it comes to remote work, employers should be careful about using monitoring tools and other forms of surveillance.
Employer Obligations
Making a policy for working from home
It is suggested that employers work with a lawyer to create a complete policy on online work. The policy should explain who can work from home, what is expected of them, how to be attentive, how to keep data safe, and anything else that is important when it comes to working from home.
Making sure data is safe
Data leaks are more likely to happen when people work from home. All data protection rules must be followed by employers regarding remote work, including the California Consumer Privacy Act (CCPA). This includes safe ways to connect to networks, use VPNs, and get advice on handling private data.
Providing the Right Tools
Employers need to decide what kind of equipment will be given to remote workers, how they will get technical help, and what will be reimbursed. Employees should not have to pay for all the business costs, such as setting up a home office.
Equal chances and not discriminating
It is against the law for remote work policies to treat employees differently because of their race, color, religion, sex (including pregnancy, childbirth, and related medical conditions), national origin, ancestry, age (40 and up), disability, medical condition, genetic information, marital status, sexual orientation, gender identity, gender expression, or status in the military or as a veteran.
Well-being and mental health
Recognizing that working from home can make people feel lonely and stressed, companies should consider providing mental health support, such as counselling services and programs promoting a healthy work-life balance.
Adherence to Accommodation Laws
Employers must still follow the Fair Employment and Housing Act (FEHA), which says they must accommodate workers with disabilities and physical conditions. Just like in regular offices, employees may need accommodations to do their essential job duties from home.
Implementing Flexible Remote Work Policies
California’s laws are complicated and vary from place to place. Because of this, employers should make remote work rules that are flexible and can be changed to fit local laws. What this could mean is:
- Adjustable reimbursement rates for business costs that are in line with how much it costs to live in different places.
- Changing the work hours to follow local rules about how long a job should be, breaks, and overtime.
- Local Support Systems, like using co working places or getting HR help in your area, can help with any problems arising from local laws.
Final Thoughts
When people in California start working from home, they will have to deal with many new issues and things to think about. Employers must take action to solve these problems by having clear rules, being fair, and talking to their workers openly. Employees should know their rights and feel free to speak to their bosses about making a remote work plan that works for everyone.
Employers and employees can make the most of the legal aspects of working from home in California if they stay aware and ready. As the working conditions change, there will be new laws and rules about working from home. It’s important to stay current on these changes to protect employee rights and meet your boss’s duties in California’s growing remote workforce.