Remote work has become the new norm in recent years. While working remotely is very convenient, it can also cause confusion. One important question is whether California employment laws apply to you if you work remotely.
When are you protected?
When applying employment laws, California courts focus more on where an employee performs the work than whether you live in California. For example, in a landmark case, Sullivan v. Oracle Corp., the California Supreme Court ruled that the overtime provisions applied to nonresident employees of a California-based employer, but only for the specific days and weeks those employees physically performed work inside California. You can also file a claim for unpaid wages after moving away, as long as you earned that money while working inside the state.
When are you not protected?
If you live and do all of your work entirely outside of California, the employment laws may not protect you, even if your company has its headquarters there. For example, you do not get California minimum wage protections or required meal breaks if you never physically enter the state to work. Instead, the employment laws of your home state will generally apply to protect your rights.
When should you seek legal advice?
While California offers some of the strongest worker protections in the country, those laws do not automatically follow you across state lines. Your work location might determine your legal coverage. Understanding complex employment laws across state lines can be difficult. A legal guide can help you understand your rights, navigate state labor rules and evaluate which wage and employment protections may apply to your situation.