Sage Datko  |  June 2, 2020

Category: Covid-19

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What is your employer's working from home policy?

Workers who live in California and are working remotely due to the coronavirus may want to be aware of their legal rights when it comes to their employer’s working from home policy. 

What Is a Working From Home Policy? 

Due to the coronavirus outbreak, many people in different occupations are suddenly adapting to working from home. Although working remotely is currently the norm for many employees, few people realize that they may be entitled to benefits for having to do so.

A working from home policy is a policy that governs how employees may work from their homes. These policies may set expectations for what hours employees are expected to work, how they are expected to communicate with colleagues or employers, what technology they are expected to use, and more. While many offices and cubicles are set up with double computer monitors, printers, high speed wi-fi, and other tools that enable employees to work efficiently, most home office setups are not as high tech.

What Should a Coronavirus Working From Home Policy Cover? 

In addition to setting expectations regarding how and when workers are expected to complete tasks and communicate with colleagues and their employers, these policies may also cover details regarding the type of equipment workers may need in order to do their jobs.

Workers who are required to purchase home office equipment in order to complete the tasks of their job at home may be entitled to reimbursement for these purchases. These necessary expenses may include desk chairs, desks, filing cabinets, computers and monitors, software, internet and phone costs, and more. According to California law, employees who are required to make phone calls and send messages or emails should either be provided with the appropriate tools to do so including laptops or cell phones, or should be compensated for using their own technology. The law does not exempt employees who already have an unlimited data plan or internet, and may require employers to reimburse them for a portion of their internet or data plans.

What is your employer's working from home policy?How Are Your Rights as a Worker Protected? 

Some studies on working from home indicate that employees who do so may actually be more productive than employees who work in a communal office. Eliminating the stress and time of commuting may lead to a better work life balance for some employees. However, a lack of differentiation between “work time” and “personal time” may also occur.

Under California law, employees who work more than 40 hours in a week are entitled to overtime pay at a rate of at least one and a half times the regular pay rate. When working from home, it may be easier for employees to unintentionally work over time, or be available for communication with colleagues or employers outside of their normal work hours. Even if this overtime work occurs while the employee is at home, California law requires that they be paid for this time at the higher rate. 

Additionally, some work from home employees have reported that their employers are installing tracking software on their computers in order to monitor employees’ actions. This software may take screenshots of the employee’s monitor, alert the employer when the employee minimizes a work meeting or other program, or record every key stroke. These surveillance programs may be violating employee privacy.

What Working From Home Tax Deductions Can You Claim?

In addition to being covered by overtime laws and working from home policies, employees may also be entitled to working from home tax deductions. Unfortunately, many of the tax deductions previously granted to employees working from home were eliminated by the 2017 Tax Act. However, due to a loophole allowing for relief for employees due to emergency circumstances, some workers may be able to have the costs of their office reimbursed by their employer, even if they do not qualify for tax deductions.

If you are working from home due to the coronavirus, you may have rights under the law as well as your employer’s work from home policy. If your rights have been violated and you have not received owed overtime pay or reimbursement for a percentage of the costs of items necessary for you to do your job, you may be able to speak with an experienced attorney about your legal rights. Some victims may be eligible to join or file a class action lawsuit.

Join a Free California Expense Reimbursement Class Action Lawsuit Investigation

If you are working from home as a result of coronavirus mandate and it is resulting in excessive hours or unreimbursed expenses, you may be eligible to join this California coronavirus home office expenses class action lawsuit investigation.

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This article is not legal advice. It is presented
for informational purposes only.

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