The Employment Protections Remote Workers Often Don’t Know They Have

Most remote employees think their employment protections end at the office doorway.

They don’t.

There are employment laws designed to protect remote workers that most have never heard of—and not knowing about them is literally costing employees money.

Here’s what you need to know:

The legalese around remote work falls under employment law, which most workers find confusing at best. While only 20% of workers in the US worked remotely in 2023, that number was predicted to rise to 22% by 2025. Yet most employees aren’t aware of their rights under these laws — especially when it comes to remote work. That includes overtime, expense reimbursements, worker’s compensation, and anti-discrimination policies that apply just as readily to remote work as traditional work environments.

Understanding remote work rights in California — and elsewhere — is step number one. California has some of the strongest employee protections in the country, and those rights often extend to employees working in other states. California remote work laws can also act as a good example for employee rights nationwide.

What you’ll find:

1. Remote Workers Have Rights, Too
2. Expense Reimbursement is (Actually) Your Right
3. Overtime Protections for Remote Workers
4. Worker’s Compensation Applies to Home Offices
5. Anti-Discrimination Policies Still Apply
6. Remote Employee Advocacy for Yourself

Remote Workers Have Rights, Too

When working remotely, employees are not exempt from employment laws.

Both federal and state employment laws protect remote workers the same way they would any other worker. This includes wage laws, workplace safety regulations, harassment protections, and discrimination policies.

However. Remote work can create grey areas that some employers exploit.

Unpaid overtime, unpaid work expenses, and employee misclassification are just a few examples of remote work laws being broken more commonly than many realize. And honestly, most people don’t even know it’s happening.

Expense Reimbursement is (Actually) Your Right

Take reimbursement, for example.

When employers require employees to work remotely, companies can become financially responsible for the costs associated with doing that work. Internet service, phone bills, office supplies, computer equipment…when working remotely is a condition of employment, these costs can become the employer’s responsibility.

Here’s what the law says, starting with a federal overview:

• Federal: Under the Fair Labor Standards Act, reimbursement is only required when worker expenses cause their wages to drop below minimum wage.
• Individual states: Many states have far stronger reimbursement standards. California, Illinois, Massachusetts, and seven other states require employers to reimburse workers for “necessary expenses” associated with their job — regardless of wages.

California employs some of the strongest worker protections in the country. And California Labor Code Section 2802 may be the strongest law of all when it comes to reimbursement.

Section 2802 states that employers are liable for “any expenses necessarily incurred” by employees in the course of doing their job. And in the case of necessary remote work? They better be reimbursing employees for internet service, phone bills, office supplies, equipment — you name it.

Companies have been fined hundreds of thousands of dollars for failing to reimburse remote workers. Employers at Amazon settled with former remote workers in 2024 for close to $1 million over unpaid work from home expenses.

If required to work remotely, keep track of expenses — and don’t pay for work related expenses out of pocket.

Overtime Protections for Remote Workers

Here’s another one most remote workers aren’t aware of…

Overtime laws apply to remote workers just as they would any other employee. If non-exempt employees work more than forty hours in a week, overtime pay is owed. That can include:

• Emails answered after hours
• Meetings taking place before/after shifts
• Required login/access time before work can officially begin

Remote work allows employers to take advantage of grey areas where this extra time can go untracked and uncompensated. All of the above (and more) can be considered hours worked under the Fair Labor Standards Act.

And if employees aren’t being paid for all of their time? They can (and should) recover that pay.

California employers must keep track of — and pay for — all hours worked by non-exempt employees. There are no remote-work-only exemptions.

If an employer isn’t tracking time for remote workers, that’s a violation of employee rights. Period.

Workers’ Compensation Applies to Home Offices

Workers’ comp applies at home, too.

Workplace injury accommodations don’t just apply to on-site workers. Whether an injury takes place at the corporate office or at home, workers’ compensation covers:

• Repetitive stress injuries
• Injuries caused by slips/trips/falls during work activities
• Animal attacks (yes, this applies to dogs, too)
• Injuries while operating machinery or cleaning

If an injury occurs while performing a work duty at home, the employee may be entitled to compensation.

However, it must be proven that the injury took place during the course of their employment.

With remote work being a relatively new phenomenon, many workers don’t know that these protections extend to them. They do.

Anti-Discrimination Policies Still Apply

Speaking of employee protections…

Title VII, The Americans with Disabilities Act, and The Equal Employment Opportunity Act protect remote workers from harassment, wrongful termination, wage discrimination, and more.

Remote workers with disabilities have even sued their employers for failing to offer continued remote work as a reasonable accommodation.

Employees have the right to work free from harassment and discrimination. Those rights don’t go away just because an employee never steps into a physical office space.

Remote Employee Advocacy: How to Protect Yourself

Understanding that these rights exist is just the beginning.

Here’s what remote workers can do to ensure their rights are protected:

• Track your time. Keep personal records of start/end times and any work completed outside of scheduled hours.
• Track work expenses. Keep receipts and take note of any expenses incurred to do the job remotely.
• Get reimbursement policies in writing. Ask for written confirmation of work-from-home reimbursement rules before accepting remote work positions.
• Know your state’s laws. Employees are covered by the labor laws of the state they perform work in — not necessarily the state their employer is based out of.

Remote work employment law exists to protect both employers and employees. When employees know their rights, everyone benefits.

The Bottom Line

Employment laws apply to remote workers.

California remote work rights are strong. Federal and state laws protect remote workers from being overworked and underpaid. Remote work injuries can qualify for workers compensation. And anti-discrimination policies cover remote employees.

35.5 million US workers teleworked in Q1 2024 — and that number continues to grow. These protections have never been more relevant.

Employees who don’t know their rights won’t advocate for themselves. Learn yours.