California Telecommuting Policy

State:
Multi-State
Control #:
US-235EM
Format:
Word; 
Rich Text
Instant download

Description

This form assists employers in monitoring telecommuting employees. Also contains a telecommuting agreement.
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FAQ

Many people who work remotely in California wonder if the same wage and hour laws apply to them that apply to on-site employees. The answer is yes. But you must be a non-exempt employee. You have the right to be paid at least minimum wage, overtime pay rates for overtime, and standard meals and rest breaks.

The Telework Flexibility Act (Assembly Bill No. 1028) would provide employers and employees with the flexibility required for remote work. If passed, this bill would adjust the parameters of a given workweek, which currently stands at 8 hours per day and 40 hours per week with paid overtime.

Teleworking staff must adhere to all departmental and institutional policies including, but not limited to policies regarding confidentiality of information, work schedules, work hours, use of equipment, ethics, performance, leave use and tracking of work hours.

THE REMOTE-WORK TAX RULE The rule is, if a nonresident receives W-2 wages for work performed out of state, even if it's from a California employer, the income is not subject to California income taxes.

Teleworking staff must adhere to all departmental and institutional policies including, but not limited to policies regarding confidentiality of information, work schedules, work hours, use of equipment, ethics, performance, leave use and tracking of work hours.

Objective. Telecommuting allows employees to work at home, on the road or in a satellite location for all or part of their workweek. Company Name considers telecommuting to be a viable, flexible work option when both the employee and the job are suited to such an arrangement.

In truth, there is no wide-reaching federal law that requires the employer to reimburse Internet expenses for their remote employers only some states require employees to do so.

Is my employer required to cover my expenses if I work from home? The federal Fair Labor Standards Act (FLSA) generally does not require that an employee be reimbursed for expenses incurred while working from home. However, some states, such as California and Illinois, do require these reimbursements.

No. An employer cannot use a choice of law clause to oust the law of the jurisdiction where the worker is physically located and performing the work.

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California Telecommuting Policy