A remote worker is not the same as an independent contractor. That means that they have all of the protections of an employee who works in the office. A company that does not treat its remote workers equally could end up with a lawsuit on its hands. If you work outside of the office and you believe that your employer is violating state or federal laws, a Los Angeles County employment lawyer from our firm may be able to help.
What Kinds of Rules Apply to Remote Workers?
Many of the same wage and hour laws that apply to in-office workers also apply to remote workers. If you hire a remote worker, you cannot pay them less than the minimum wage. Their hours need to be tracked and any overtime has to be paid as well. Workers are also entitled to short breaks and meal breaks whether they are working on-site or not.
Remote workers also have the right to take leave under the federal Family and Medical Leave Act. If they have sufficient reason, they can take off for up to 12 weeks in a 12-month period to care for a family member, deal with a serious health issue, or be there for the birth of their child.
Are Remote Workers Protected From Discrimination?
It is also important to realize that remote workers are protected from discrimination, harassment, and everything else that in-office employees would be protected from. Federal law prohibits discrimination based on characteristics like race, gender, and age. Those protections extend to remote workers as well.
Any remote workers also have the right to do their jobs free from harassment. If a worker feels as if they are in a hostile work environment, even when working from home, they can report the behavior.
How Can a Remote Worker Report an Employer?
Whether you work off-site or in the office, you need to document everything if you are being harassed or discriminated against. The same is true if you suspect that your employer is violating wage or hour laws. Keep track of any violations and then submit a report to the company’s HR department. This starts a paper trail.
If you make a complaint and the problem is not fixed, then you may have to escalate matters by reporting your employer to the state government or the Equal Employment Opportunity Commission, a federal agency. Our lawyers can help you file a compelling complaint that will increase the odds of investigators taking a closer look at your employer’s practices.
Schedule a Consultation Today
If you believe that your rights have been violated, contact RD Law Group and schedule a consultation. Whether you work in an office or you are a remote worker, the law is meant to protect you. We can help hold employers who ignore the law accountable.