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Legally required

Remote and hybrid work: old rules, new setting

By Tamara Keller, Esq.1 min readFree to read

California employer guidance

Working from home changes nothing about California wage and hour law. Breaks, overtime, and expense reimbursement all still apply, and Labor Code 2802 requires the employer to cover what the work reasonably requires, including a share of internet and phone.

A home workspace with a laptop, phone, internet router, time record and work-expense form.

Remote and hybrid arrangements are here to stay for a lot of small and mid-sized employers, but California's wage-and-hour rules didn't change just because the office did. Meal and rest breaks, overtime, and expense reimbursement all still apply, and reimbursement in particular catches a lot of employers off guard. California requires employers to reimburse necessary business expenses, which for remote workers often means a share of internet, phone, and sometimes home office equipment.

The other quiet risk is inconsistency: informal arrangements that work fine until an employee leaves and says the rules weren't applied fairly, or weren't written down at all.

What you can do

  1. Put your remote/hybrid expectations in writing: hours, availability, break requirements, and what's reimbursable.

  2. Set a simple, consistent reimbursement policy (even a modest flat monthly amount) rather than handling requests case by case.

  3. Make sure remote employees are tracking time with the same rigor as in-office staff, breaks included.

Need help applying this to your workplace?

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