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Legal Issues for Employees Working from Home

Legal Issues for Employees Working from Home

Working from home was unusual before the COVID-19 pandemic. During it, work-from-home policies were necessary if “non-essential” businesses and organizations wanted to survive. The COVID-19 threat has largely passed, and we’re in a new phase of office work. Federal and California laws impact all workplaces, whether that’s an office in a multi-story building or your living room.

If you’re employed at home, full or part-time, and have questions about the law or how your employer treats you, talk to a skilled MJB Law Group employee misclassification attorney. We can discuss your rights, how California law may apply, and how we can help you. Call us for a FREE consultation at (949) 266-0880, or complete our confidential contact form today.

The employment landscape has changed. Some companies learned that renting or owning office space was a waste of money after their workforce dispersed into their homes. Others are demanding workers return to their offices and face termination if they don’t. Many employers are working in a “hybrid” system where people have the option of where to work or they’re required to work in an office part-time.

Depending on the facts and the wants and needs of management and employees, these situations may involve legal issues. Here are two issues that may come up.

Misclassification

Misclassification (being treated by an employer as if you’re an independent contractor while you work as an employee) is not legal nitpicking. Independent contractors do not get the protections of many laws and programs that employees do, and they pay taxes that employers should pay.

Working from home doesn’t make you an independent contractor. Whether you’re an employee (with all the legal and financial benefits that come with it) or an independent contractor doesn’t depend on your location. 

If you’re told that if you want to work at home, you’ll no longer be an employee but an independent contractor, that’s a false choice. Your employer either doesn’t know the law or wants to illegally discourage you from working at home by shifting many costs from management to you.

If you’re applying for a job at an organization you’ve never worked at, find out what type of position it is. You may be in a situation where tasks done in an office are treated as employment while the same ones performed at home are gig work. The job may have no equivalent office position, and you’ll be misclassified as an independent contractor.

California uses the “ABC test” to determine someone’s status. It begins with the assumption you’re an employee, then works through different factors that may show that you’re not. To prove you’re not an employee, the organization paying you needs to demonstrate all of the following:

  • You’re free from management’s control and direction of the performance of your work, whether that’s under a contract for the work or the facts of your situation
  • You perform work that’s generally outside the usual course of the organization’s business
  • You usually work in an independent occupation, trade, or business of the same type as what you’re performing for the organization

If you find yourself in a situation where you suspect misclassification, it’s important to consult with an employee misclassification lawyer who can help assess your situation and provide guidance on your legal rights and options.

Discrimination Law

Working from home was a relief for many people. They no longer had long commutes, saving money on gasoline they didn’t need. They also had more time with family members. Other people valued working at home because of workplace discrimination or an environment that, if not hostile, felt unwelcome.

Fellow employees or clients can’t see your skin color on a phone call. A “handsy” coworker or manager can’t touch you. No one might see your crutches on a Zoom call. On paper, your workplace is free of bias and a place where anyone can succeed, but the reality may be far different. Working at home, away from microaggressions, if not outright harassment, that could fill an office, may be a breath of fresh air.

If working from home was an escape from illegal discrimination and or harassment, but to keep your job, you’re forced to return to your office, call us. We need to discuss what went on in the past and how you can protect yourself now and in the future.

If you’re disabled and need to work from home as an accommodation for a physical, emotional, or psychological disability, you should also contact a skilled employee misclassification lawyer. An accommodation must be necessary and reasonable to perform the essential functions of your job.

You may have asked for this accommodation in the past, your request was rejected, but due to the pandemic, everyone worked at home. If you’re told this must end to keep your job, that may not be true. The fact that you worked at home for a time does not guarantee that it can continue, but it may strengthen the case for your request.

In either situation, your legal rights and your employer’s obligations are based on the facts of your case. Without knowing those facts, we can’t advise you on what you should do next.

Contact MJB Law Group’s Employee Misclassification Attorneys

If you have questions or need legal representation concerning illegal workplace discrimination or harassment, get help from an experienced Huntington Beach employment lawyer at MJB Law Group. Our employee misclassification attorney can explain your rights, discuss your options, and guide you through filing, negotiating, and, if necessary, litigating a discrimination claim.

Call us today at (949) 266-0880 or fill out our confidential contact form for a FREE case evaluation and consultation.

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