Second, California employers must pay their remote employees for all time worked. In addition, it is important for employers to track the type of telework performed by their exempt workforce. Recently, a California court of appeal applied Section 2802 to work-related cell phone use. By continuing to use this site or by clicking the button below, you are providing us with your consent to our use of cookies on the site. To that end, employers should instruct non-exempt workers not to work during any unpaid meal breaks and to record accurately all such periods. If you are using a screen reader and are having problems using this website, please call 855-266-3064 for assistance. The Legislature’s intent is that employees should not bear losses or expenses incurred in the service of their employers. California law protects employees who use their own money or equipment at work. These include California, Illinois, Iowa, Massachusetts, Montana, New Hampshire, New York, Pennsylvania, and the … (E.g., for every $100 of taxable stipend, $38 is lost to taxes employee and employer.) In Cochran v. Schwan’s Home Service , 228 Cal. Whatever the form, employers enacting WFH policies need to make sure they are appropriately compensating their workers and are otherwise complying with all applicable federal, state, and local wage and hour laws. For more information, visit www.ebglaw.com and subscribe to our email lists. Posted on November 14, 2018 | Firm News. Remind non-exempt employees that time spent reading and/or responding to emails constitutes “work.”. In my role leading the legal function at Motus, I have turned to several of the nationwide General Counsel listservs to share and learn from others as we all navigate this changing landscape in real time. The Court also warned that employee cannot waive the right to be fully reimbursed for their actual expenses: If, however, it is mandatory (e.g., the employee One question that has come up many times with these legal leaders is this: While I may not have answers to many of the “new-normal” questions we’re facing, as CLO of a business that calculates business reimbursements for mixed-use assets, I can shed some light on factors businesses should consider for WFH. Insight and Commentary on Wage and Hour Law Developments Affecting Employers. with Distinction from Stanford Law School and is a graduate of Brown University (Phi Beta Kappa, Magna Cum Laude). Many workers are confused over employer reimbursement because there is are conflicting policies. Very few states have laws on this subject, and among those that do have “expense reimbursement laws,” the laws vary widely from state to state in how they address the issue. “Test” your WFH protocols, including time-keeping software, to identify any areas for remediation or improvement. We use cookies on this website to enhance your browser experience. However, in certain jurisdictions, if an employer sends staff home after the start of the workday, it may need to pay their workers a minimum amount of pay for that day. Now armed with the legal framework above, the next step in choosing how to fairly recompense your employees is learning about your reimbursement options. Gone are the days of hand-written paper mileage logs and time-consuming expense reports. In California, that can include home internet bills. In New York, for example, certain non-exempt workers are entitled to “call-in” pay equal to the lesser of a specified hours of pay (four or three hours), or the hours of pay in the employee’s regularly scheduled shift, at the state minimum wage rate. Reimbursements should be for business expenses that are “reasonable” and “necessary.” So, by way of analogy, if you reimburse someone who drives their personally-owned Porsche for business, but their job simply requires them to get from point A to point B, the added cost of it being a Porsche need not be attributable to the business. Working from home – once a perk – is now a mandate for millions of Americans. And plans employer ’ s intent is that employees should not bear or. Time spent reading and/or responding to emails constitutes “ work. ” should not bear losses or incurred. N'T typically work from home, there are exceptions like when expenses cause employees to work from home now more... 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