California Outside Work - Strict Policy
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FAQ
California provides greater protection for workers than almost every other state in the country. More importantly, California's labor laws apply to remote workers in the same way that they apply to in-person workers.
Generally speaking, an employees' conduct outside of work is not grounds for dismissal. ACAS guidance indicates that even criminal activity is not normally by itself a reason for disciplinary action. However, conduct outside the workplace may well be a fair reason to dismiss an employee.
Generally, remote employees are subject to the employment laws of the state and locality where they are physically present and working. If an employer permits remote work outside the locality or state of operations, the employer may want to consider taking steps to ensure compliance with those state and local laws.
A recent ruling by the California Supreme Court has changed the ways in which wage and hour laws will be applied in cases involving out-of-state employees working in the state of California. As a result of the ruling, California overtime laws now apply to any out-of-state employees while they are working in California.
Working remotely is legal in California, and it carries unique considerations. Both the employer and employee should be clear about expectations and develop a mutually agreed upon system for record-keeping and hours worked.
LEXIS 120315 (C.D. Cal. 2014), the court held that Labor Code section 2802 also applied to non-California residents that performed work in the state.
For example, California law, which applies to all employers, protects an employee's right to engage in political activity and specifies that employers are prohibited from controlling or influencing political activities or affiliations or restricting employees participation in political activities.
The California Supreme Court in Sullivan v. Oracle Corporation ruled that out-of-state employees working in California are protected by California's overtime laws and the state unfair competition statute, but work performed outside of the state is not similarly protected.
1. Do California Wage and Hour Laws Apply to Me? Generally speaking, California wage and hour laws apply to all non-exempt employees in the state of California. a so-called exempt employee under California labor law.
The California Supreme Court in Sullivan v. Oracle Corporation ruled that out-of-state employees working in California are protected by California's overtime laws and the state unfair competition statute, but work performed outside of the state is not similarly protected.
