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April 4, 2024

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Failure to Pay Wages

3 things to know if you are a remote worker in California

Remote work is gaining traction as more companies embrace flexible arrangements to accommodate diverse employee needs and tap into a global talent pool. In California, remote workers are subject to the same labor laws as traditional in-office employees.

California is renowned for strict enforcement of labor laws, particularly regarding wage and hour regulations. If you are a remote worker in California, you should understand the following about the state’s wage and hour laws.

Overtime pay

As a remote worker in California, you are entitled to overtime pay if you work more than eight hours in a workday or more than 40 hours in a workweek, regardless of whether you are working from home or at a traditional office location. Overtime pay is calculated as follows:

  • Time-and-a-half for more than eight hours but below 12 hours
  • Double the hourly rate for more than 12 hours

Time spent working remotely outside of regular business hours, such as responding to emails, attending virtual meetings, or completing tasks, is also considered as time worked for overtime pay calculation in California.

Paid time off

Paid sick time in California is governed by specific regulations that ensure remote workers receive fair treatment. In California, employers are required to provide paid sick leave to all employees, including remote workers, under the Healthy Workplaces, Healthy Families Act of 2014. This law mandates that employees accrue at least one hour of paid sick leave for every 30 hours worked, up to a maximum of 24 hours or three days per year. Remote workers are entitled to use this accrued sick leave for their own illness, medical appointments, or to care for a family member.

Paydays

Employers in California are required to establish regular paydays for their employees, including remote workers. For most employees, wages earned between the 1st and the 15th of the month must be paid by the 26th of the same month and wages earned between the 16th and the last day of the month must be paid by the 10th of the following month.

If you are a remote worker in California and your employer fails to comply with wage and hour laws, you may want to consider filing a complaint with the California Division of Labor Standard Enforcement (DLSE). Seeking personalized legal guidance to learn about your rights and options is a good way to move forward in informed ways.

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