As remote jobs become more popular, it is increasingly important for California remote workers to be familiar with the specific employment laws governing remote work. 71% of remote workers said working remotely helped their ability to balance work and personal lives. In California, working from home is more common than in the rest of the country.
Recent data from EQHR Solutions reveals that a substantial portion of the California workforce is embracing remote or hybrid work models, with approximately 21% actively working in a hybrid environment that blends both onsite and remote tasks.
As an employee, you must understand how California remote employee laws work since they affect your rights and obligations as a full-time employee or part-time contractor. Knowing the employment regulations that apply to your case allows you to identify any violations of your rights in the workplace.
Let’s look at the employment laws that remote workers in California should know.
Understanding California Labor Laws
California labor laws apply to every worker in the state, including remote employees. These laws safeguard the rights of employees and include policies about minimum wage, meal breaks, and overtime pay.
California has its own minimum wage, which is above the federal minimum wage. Awareness of these laws can prevent you from being exploited and paid below the legally acceptable amount.
Keep in mind that some cities in California might have a higher minimum wage. Be sure to check the applicable local rate.
California law provides for overtime pay to employees for hours beyond 8 in a day and 40 in a week. In a remote job, if you have been working outside those hours consistently, you deserve overtime pay unless some exemption applies.
Meal breaks and rest breaks are another important aspect of California labor laws. Every day you work a shift longer than five hours, you must take 30 minutes to utilize it as your meal break; after ten hours, you must take another meal break. There should be a break of about 10 minutes for every four hours of working.
Employee Classification and Rights
The classification of an employee in the workplace is important in California workplace laws. A worker can either be classified as an independent contractor or an employee. Employees, unlike independent contractors, have unemployment, health, and workers’ compensation benefits. Independent contractors have more flexible work arrangements compared to employees.
The state of California uses the ABC test to classify an individual as either an independent contractor or an employee. To be an independent contractor, you must meet all of the following three tests:
The first requirement is to have an established independent business that is separate from your employer. The second requirement is to be free from substantial control from the employer. An independent contractor should be able to work without needing the directions of the employer. The final requirement is that the work performed for the employer be comparable to what the employee does for other clients in their own business.
If you do not meet all three requirements listed above, you are considered an employee and should be eligible for all of the company’s employee benefits. Consulting a lawyer or labor attorney can help clarify your classification.
Wage and Hour Regulations
The most important aspects of California labor laws are those that concern wages and hours. In California, the minimum wage is a universal legal right of every employee, and California employers are expected to pay fairly for all the hours worked by their employees.
If you are an exempt employee under non-exempt status, every hour worked in excess of 40 per week or 8 per day is overtime. It is important to have a record of the hours you have worked for. This can serve to support your claim in case of wage and hour disputes.
For independent contractors, always see to it that your contract clearly outlines payment provisions and that you are being paid in full for your work.
Workplace Safety and Health Standards
Safety laws don’t care if you work from home or elsewhere. California law compels employers to create safe and comfortable workplaces. The California Division of Occupational Safety and Health (Cal/OSHA) will never assign remote workers tasks that are hazardous or endanger lives.
Employers must give their employees the necessary equipment and a proper office layout free of hazardous conditions. The company should promote a positive work environment by providing favorable conditions such as good ergonomic seating and adequate lighting.
Report work-related injuries and illnesses, such as carpal tunnel syndrome from overtyping, to your employer and consider filing for workers’ compensation. Do not hesitate to inform your employer of any concerns regarding workplace safety.
