In recent years, telecommuting has become a way of life for many Californians, and the data shows that they love it. According to the Public Policy Institute of California (PPIC), 73 percent of remote workers in California are satisfied with their current situation, and only 3 percent want to return to the office.
However, the changing workplace landscape in the Golden State raises valid – and sometimes concerning – questions about employee rights. “Do remote workers enjoy the same legal protections as in-office workers? What can I do if my rights as a remote worker are being violated?”
This post will help you understand where you stand and how to navigate remote work challenges successfully.
California Remote Workers’ Rights
In California, there are two types of remote workers: employees and freelancers. Different laws apply to each and there are generally more protections for employees.
Public and Private Employees
Remote employees have the same rights under federal and California law as in-person workers.
Employees’ rights are governed by several laws, including:
- Fair Employment and Housing Act (FEHA)
- Fair Labor Standards Act (FLSA)
- California Labor Code
- Occupational Health and Safety Administration (OSHA) standards
- California Privacy Rights Act (CPRA)
Employers who allow remote work must ensure compliance with these laws while continuing to foster successful team dynamics that allow for personal and professional growth.
The following are some key rights both in-person and remote workers enjoy:
- Discrimination and retaliation protections: Employees working remotely are still entitled to work in an environment free from harassment, discrimination, or retaliation based on a protected characteristic (such as age, race, sex, etc.)
- Wage and overtime protections: Employees working remotely are entitled to the same wage protections as those working on-site. This includes the right to the minimum wage, meal and rest breaks, and overtime pay. Employers must implement clear policies that comply with these laws and prevent burnout.
- Expenses: Under the California Labor Code, employers must reimburse employees for necessary expenses directly related to their job roles, even when they work from home.
- Health and safety requirements: Employers must ensure the remote workplace is compliant with OSHA standards that protect workers’ health and safety.
- Privacy and data protection: Under the CPRA, there are clear boundaries around employee data gathering and processing. Employers must also use secure remote access systems and ensure their remote team is trained to maintain customer data privacy while working remotely.
Freelance Workers
The California Freelance Worker Protection Act (FWPA) came into effect on January 1, 2025. It protects freelancers who perform work with a value of $250 or more within a 120-day period. The FWPA strengthens freelancers’ rights by giving them a facility to report clients who fail to pay or otherwise breach contracts.
Written contracts can protect the rights of remote-working freelancers by detailing the services the freelancer will provide, the rate of pay, and how payment will be made. Contracts must also include clear deadlines for the completion of services.
Employers must retain freelancer contracts for a minimum of 4 years. However, it is important to note that, as a freelancer, you do not have the same rights as an employee. For example, employers do not provide independent contractors with:
- Meal breaks
- Overtime
- Benefits
- Promotions
- Sick leave
- Training
However, freelancers have rights under the FWPA, including the right to bring a civil action to enforce a contract and not face adverse action or discrimination for doing so. If you believe these rights have been violated, talk to an employment attorney. He or she can review the terms of your contract and advise you on your legal rights.
Health and Safety Laws for Remote Workers
OSHA requires that the same health and safety standards are met in both in-person and remote work settings. Employers must consider how to meet the following obligations.
Safe Work Environment
The remote-work environment must be free from recognized hazards and must have the right equipment to keep you safe. This may include providing a suitable workstation, chair, and computer equipment to ensure you can do your job without impacting your health.
Training and communication
Employers need to train their employees to stay safe in their remote work setting. This includes establishing clear communication channels for reporting health and safety concerns.
OSHA recommendations for mental health support
In addition to setting standards for workplace safety, OSHA also makes the following recommendations to help employers maintain the overall well-being of their remote team and boost morale.
These include:
- Schedule mental health days: Paid days off to allow workers to engage in activities that prioritize their mental health.
- Arrange social gatherings: The lack of face-to-face interaction can be isolating. Social gatherings can promote open communication and strengthen the organizational culture.
- Establish boundaries: One of the main challenges of a remote work setting is the feeling you are on call 24/7. Clear policies, such as establishing “quiet hours” when the remote team cannot be contacted, can help.
If your employer fails to provide a safe remote work setup despite your best efforts, this may be a violation of employment laws. An experienced employment law attorney can review your case and explain your rights as a remote worker in California.
Anti-Discrimination and Harassment Laws in California
Remote workers have the same rights as those in a physical office to enjoy a work environment free from harassment and discrimination. Employer obligations include implementing anti-discrimination and harassment policies and following up on complaints promptly.
Regular training can help promote an organizational culture that upholds the law and is inclusive and enjoyable for all employees.
Wage and Hour Compliance
In the office, it is easy for employers to track workers’ hours. However, remote working makes this a potential headache. This matters because outside of the office, it is easy for workers to start working longer hours without proper compensation.
Overtime Laws
California law mandates that non-exempt employees receive overtime pay at 1.5 times their standard hourly wage for work exceeding 8 hours a day, up to 12 hours. This applies whether the overtime was authorized or not. You are entitled to double pay for hours worked over 12 hours in a workday.
The employer is entitled to discipline workers who violate the company’s overtime policy. However, if the employer knows you are working overtime and does not prevent you from doing it, you are entitled to receive overtime pay. This underlines why it is so important for employers to maintain accurate time records. This may involve the use of accurate time-tracking systems backed up by clear remote work policies.
If an employer is forcing you to work overtime in your remote role and is not properly compensating you, you may have grounds to file a wage-and-hour lawsuit. California employers are legally prohibited from retaliating or terminating you for requesting overtime pay. However, do not delay – violations of the California Labor Code must generally be filed within 3 years from the date of the violation.
Reimbursement of Expenses
Many people feel remote work contributes to their overall well-being by cutting down on the time, stress, and expense of the daily commute. However, remote work has its own costs.
Under the California Labor Code § 2802, employers must reimburse workers for all “necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties.”
Some examples of expenses you could reclaim from your employer include:
- Internet and phone bills: If you use a personal internet or phone connection for work, you are entitled to reimbursement for part of your monthly costs.
- Utilities: Working from home may lead to increased utility bills. If you can demonstrate that these expenses directly relate to your work, you may be able to recover a partial refund from your employer.
- Office supplies: Your employer should reimburse you for pens, paper, printer toner, and other supplies necessary for your job.
- Equipment: Your employer may choose to supply appropriate home office equipment. However, if you had to buy items such as an office chair, monitors, or computer equipment out-of-pocket, you would be able to claim these back if they were necessary for your role.
The good news is that these laws apply whether your employer asks you to work from home or whether you choose to do so voluntarily.
Necessary expenses are determined by employers – not employees. An employer must clearly inform all employees of their rights to reimbursements and how to submit expense claims. However, if your employer refuses to reimburse these necessary expenses, you could have grounds for a claim.
Misclassification of Remote Employees
Because independent contractors have fewer rights in the workplace than employees, employers sometimes intentionally misclassify employees as independent contractors. Employers deny employees their right to minimum wages, sick days, a safe working environment, and other protections.
This is a type of fraud that wrongfully cheats employees of being fully compensated. If you suspect your role has been misclassified, contact an employment attorney for clear legal advice.
Protect Your Remote Worker Rights With AMG Law
Remote work can be a great way to achieve work-life balance, but it must not come at the cost of your legal rights. If you suspect your rights are being violated as a remote worker, the experienced California employment attorneys at AMG Law are ready to hear your story.
During a free, confidential consultation with one of our attorneys, we can examine your contract and working arrangements. If we believe that there has been a clear violation of your employment or civil rights, we may agree to take on your case. Our clients know that we will fight with all we have for the best possible outcome.
We have recovered over $1 billion for our clients. Now is the time to discover what we can do for you. Call INSERT TRACKING NUMBER HERE or complete our online contact form.