Calabasas Employment Law Firm

Employment Law for Remote Workers Across Bakersfield, San Bernardino, Stockton, & Modesto

What Are the Labor Laws for Home-Based Employees?

Because of the COVID-19 pandemic, many employers have found themselves managing a remote workforce for the first time. As a result, many companies have had to create new policies to protect their business interests and ensure that their employees are working in a safe and productive environment.

For employers and employees who are new to remote work, it can be difficult to know what the legal requirements are for home-based work arrangements. If you are an employer or employee who has questions about working from home, you can rely on Gaines & Gaines to help you understand your rights and obligations.

Contact us today to discuss your situation with an experienced employment attorney.

Legal Requirements for Remote Work Arrangements

When it comes to home-based work arrangements, employers and employees have many of the same rights and obligations as they do with traditional work arrangements. However, there are some additional legal requirements for remote work that you must consider.

Some of the legal requirements for home-based work arrangements include:

• Overtime pay
• Breaks
• Meal breaks
• Expense reimbursement
• Minimum wage
• Rest breaks

Can You Work from Home and Get Paid?

Yes, you can work from home and get paid. However, you must meet the minimum wage and overtime requirements set by federal and state law.

Minimum Wage

Under the Fair Labor Standards Act (FLSA), most employees must be paid at least the federal minimum wage of $7.25 per hour. However, many states and cities have their own minimum wage laws that require employers to pay employees a higher wage.

California, for example, has a minimum wage of $14.00 per hour for employers with 26 or more employees. For employers with 25 or fewer employees, the minimum wage is $13.00 per hour. Many cities in California also have their own minimum wage laws.

When you work from home, your employer must still pay you the minimum wage for all hours worked, including the time you spend working from home. If you work from home and your employer does not pay you the minimum wage, you may have an unpaid wage claim.

Overtime Pay

The FLSA also requires employers to pay employees overtime pay for all hours worked over 40 in a workweek. Overtime pay is one and a half times the employee’s regular hourly rate of pay.

For example, if an employee’s regular hourly rate of pay is $10.00 per hour, their overtime rate of pay would be $15.00 per hour. This means that the employee would earn $15.00 for every hour worked over 40 in a workweek.

Like minimum wage, many states and cities have their own overtime pay laws with more generous protections for employees. For example, California requires employers to pay employees double time for all hours worked over 12 in a workday and for all hours worked over 8 on the seventh consecutive workday.

When you work from home, your employer must still pay you overtime pay for all hours worked over 40 in a workweek. If you work from home and your employer does not pay you overtime pay, you may have an unpaid wage claim.

What Are the Labor Laws for Home-Based Employees?

Working from home can be a great way to achieve a better work-life balance. However, working from home is not without its challenges. One of the biggest challenges is managing your time effectively and maintaining a healthy work-life balance.

When you work from home, it can be easy to let your workday bleed into your personal life. For example, you may be tempted to work late into the evening or on the weekends because you do not have to worry about commuting to the office.

While working from home may give you more flexibility in your work schedule, it is important to remember that you are still entitled to the same wage and hour protections as other employees. This means that you are entitled to a minimum wage, overtime pay, and meal and rest breaks.

If you work from home and your employer is not paying you the minimum wage, overtime pay, or meal and rest breaks, you may have a wage and hour claim. An experienced employment attorney can help you understand your rights and options.

Can I Work from Home and Not Pay Taxes?

No, you cannot work from home and not pay taxes. If you work from home and earn an income, you must pay taxes on that income.

When you work from home, you may be eligible to take certain tax deductions that can help you reduce your taxable income and lower your tax bill. For example, you may be able to deduct a portion of your rent or mortgage interest, utilities, and internet expenses.

However, to qualify for these deductions, you must meet certain requirements. An experienced tax attorney can help you understand what deductions you may be eligible for and ensure that you take full advantage of them.

How Do I Keep Track of My Hours When Working from Home?

When you work from home, it is important to keep track of the hours you work. This is especially true if you are a non-exempt employee who is eligible for overtime pay.

Under federal and state law, employers are required to keep accurate records of the hours worked by non-exempt employees. This includes the hours worked by non-exempt employees who work from home.

If you work from home and your employer does not keep accurate records of the hours you work, you may have a wage and hour claim. An experienced employment attorney can help you understand your rights and options.

How Can I Protect Myself When Working from Home?

Working from home can be a great way to achieve a better work-life balance. However, working from home also comes with its fair share of challenges. One of the biggest challenges is protecting your rights as an employee.

There are several things you can do to protect yourself when working from home, including:

• Read and Understand Your Employment Agreement
  Before you start working from home, you should read and understand your employment agreement. Your employment agreement should outline your rights and obligations as an employee, as well as your employer’s rights and obligations.
• Keep a Copy of Your Employment Agreement
  When you work from home, it is important to keep a copy of your employment agreement in a safe place. This way, you can refer back to your employment agreement if you have any questions or concerns about your rights and obligations.
• Keep Track of the Hours You Work
  As previously mentioned, it is important to keep track of the hours you work when you work from home. This is especially true if you are a non-exempt employee who is eligible for overtime pay.
• Keep Track of the Hours You Work
  As previously mentioned, it is important to keep track of the hours you work when you work from home. This is especially true if you are a non-exempt employee who is eligible for overtime pay.
• Speak to a Knowledgeable Employment Attorney
  If you work from home and have any questions or concerns about your rights as an employee, you should speak to a knowledgeable employment attorney. An experienced employment attorney can help you understand your rights and options and ensure that your rights are protected.

At Gaines & Gaines, our employment attorneys have extensive experience helping employees who work from home understand their rights and options. We can review your employment agreement and help you understand your rights and obligations. If your employer is not paying you the minimum wage, overtime pay, or meal and rest breaks, we can help you file a wage and hour claim.

Contact us today to discuss your situation with an experienced employment attorney. We will review your case and help you understand your rights and options.

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Why Gaines & Gaines?

Gaines & Gaines advocates exclusively for employees and consumers. We never represent big businesses in our litigation, so you can trust that we have your best interests in mind as employees and consumers. Informed by over 5 decades of professional experience, we know how the court thinks and how we can put the law on your side. Our lawyers have significant experience handling complex class actions, and we know how to build a strong case for damages against your employer. We prioritize client-oriented and responsive representation, and we take pride in reaching out to clients within 24 hours and keeping you consistently updated on the status of your case.

Schedule your free initial consultation with Gaines & Gaines online to discuss your case in more detail.