Due to health concerns caused by the unprecedented COVID-19 pandemic, employers throughout California have allowed more and more employees to work remotely. This is a very positive change, as it has protected workers, their families and the public at large. Both employers and their employees have realized that working remotely is beneficial to everyone.
Because remote work appears to be here to stay for the foreseeable future, it is important to understand your rights as a remote worker and how California’s labor laws work for remote employees. As an employee working remotely, you are entitled to the same rights under the Labor Code as employees who work on site.
California Paid Sick Leave
With the exception of some excluded professions, all employees, including California remote employees, are entitled to sick leave if they or a family member become ill. California is also one of the few states that entitles workers to their full pay for the duration of the accrued sick leave.
California’s paid sick leave law, also known as the Healthy Families Act of 2014, is contained in sections 245-249 of the California Labor Code.
Labor Code §246 states that an employee who works in California for 30 days or more is entitled to up to three paid sick days per year.Also, it is important to note that you are permitted to take paid sick leave to care for family members, even if you are not sick. This may include a child, spouse, parent, grandparent or sibling.
Overtime Labor Laws for Employees Working Remotely
California’s overtime laws also apply to California remote employees. If you are working remotely, it is important that you keep accurate records of the hours you work to ensure that you receive proper compensation.
Under Labor Code § 510, California employees who work more than eight hours must be paid one and a half times their regular wages. Also, any hours worked over a 40-hour workweek must also be compensated at one and a half times your regular pay.
Additionally, if you work more than 12 hours in a workday, you must be paid double your hourly rate, or “doubletime.” Further, if you work seven days in a row, you are entitled to double your hourly rate for each hour you worked over eight hours on the seventh day.
California’s remote employee labor laws require employers to adhere to overtime pay requirements even if the employee has shifted their work schedule due to the coronavirus, and even if the work performed was not explicitly authorized.
Meal Periods For California Remote Workers
California’s labor laws requiring the employer to authorize and permit meal and rest periods also apply to employees who are working remotely.
Section 512 of the Labor Code provides that employees who work more than five hours a day are entitled to a meal period of 30 minutes. Moreover, if you work more than 10 hours a day, you are entitled to another meal period of 30 minutes.
If your employer requires you to be available, or “on-duty” during the meal period, the employee will be paid at their regular rate of pay. Any employer who fails to provide the required meal periods is subject to penalties under the law.
Labor laws for remote workers state that employees are also entitled to a ten-minute rest period for every four hours worked pursuant to Industrial Welfare Commission Wage Orders. If the employer denies the rest period, the employee must be compensated for one hour of pay at the regular rate for each workday that the rest period is not provided.
Contact The Attorneys At Pimentel Law To Discuss Your Remote Employment Issues
Pimentel Law is Southern California’s premier employment law firm. Our firm has over a decade of experience helping employees, including remote workers, facing violations of California’s labor laws. Through our efforts, our clients have secured millions of dollars in verdicts and settlements. You can visit our website to read more about our results and our client testimonials.
If you are a California remote employee and have questions regarding California’s labor laws for remote workers, contact us today at (877) 265-8084 to discuss your case. We can also be reached by email, or by online chat. Our initial consultation is free.