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Dear Littler, Our company has a few employees who work hybrid positions and some who are fully remote in California. We put in place a remote work stipend a few months ago (covering internet, utilities, and other home office...more
The rise of remote work has forced employers to tackle one challenge after another – and now the biggest challenge is effectively managing remote and hybrid workforces for the long term. When the pandemic hit, many employers...more
The wireless industry has revolutionized the way we connect, from facilitating teleworking, distance learning, and telemedicine to allowing the American public to interact virtually in almost all other aspects of their daily...more
As remote work becomes increasingly prevalent, one crucial aspect that employers and employees must address is the allocation of expenses incurred in a remote work setup. In the evolving landscape of work, the shift towards...more
We are a small company based in Milwaukee, Wisconsin that allowed some of our employees to work remotely during the pandemic. When we recently announced our plans to call employees back to home base in Milwaukee, we received...more
Recent developments raise questions about post-pandemic voluntary work-from-home agreements and reimbursements for work-at-home expenses. This is our monthly blog providing California employers with wage and hour compliance...more
With the continued efforts of employers to get employees back to the office in some capacity, the question of what expenses are reimbursable has again become relevant. California Labor Code section 2802 requires employers to...more
The California Court of Appeal for the First Appellate District recently issued its opinion regarding business-related expenses in Thai v. International Business Machines Corporation. The Court found that expenses incurred by...more
California courts recently issued two guiding decisions relating to COVID-19: In Thai v. International Business Machines Corp., 2023 Cal. App. LEXIS 526, the Court of Appeal held that a government mandate to work from...more
The Court of Appeal of the State of California recently held in Thai v. IBM, A165390, that employers are obligated to reimburse expenses incurred by employees working from home if those expenses are a consequence of the...more
In Thai v. International Business Machines (IBM) Corp. No. A165390 (July 11, 2023), the Court of Appeal of the State of California First Appellate District, held that under Labor Code section 2802(a), the employer is required...more
As the COVID-19 pandemic took hold in early 2020, state and local governments issued stay-at-home orders. The sudden change to stay-at-home work caught many businesses by surprise, and compelled many employees, who were...more
Seyfarth Synopsis: The California Court of Appeal found an employer liable under Labor Code section 2802 for employee work-from-home operating expenses, despite Governor Gavin Newsom’s 2020 stay-at-home order, which precluded...more
During the pandemic, when all non-essential workers were required to work remotely, several questions arose about who should pay for the work-from-home expenses. Earlier this month, the California Court of Appeal determined...more
Reimbursing employees for job-related expenses has become a hot-button issue with so many employees working remotely and even on-site employees communicating with their employers by way of their personal cell phones. The...more
California Labor Code section 2802 (“Section 2802”) requires employers to reimburse employees for “all necessary expenditures or losses” they incur as a “direct consequence of the discharge of … [their] duties, or … [their]...more
The California Court of Appeal held in Thai v. International Business Machines Corp. that even if government-mandated stay-at-home orders during the COVID-19 pandemic were an intervening cause of employees working from home...more
On July 11, 2023, the California Court of Appeal in Thai v. IBM held that whether an employer is obligated to reimburse expenses incurred by an employee working from home turns on whether the expenses were a direct...more
The federal government recently announced the end of the COVID-19 public health emergency, and the three-year pandemic finally appears to be in our rearview mirror. Originally published in Law360 - June 1, 2023....more
Time for Compliance in an Altered Work Environment - As companies continue settling into their new working environments—remote, hybrid, or fully back in the office—there remain a number of challenges that have stemmed...more
California employers have recently experienced a material uptick in lawsuits from employees seeking reimbursement for expenses incurred while working from home. These lawsuits seek a wide variety of expense reimbursement for...more
In the last quarter of 2021, 69% of the 2.050 employees surveyed by Global Workplace Analytics and Owl Labs reported working remotely during the pandemic. One third of employees expressed a strong preference for continuing...more
While April has meant the return to the office for many employees across the state, many are remaining remote despite the lifting of statewide COVID-19 restrictions. Employers with remote employees in California need to...more
Over the past several weeks, employees have filed a number of class action claims in California alleging that their employers failed to pay expenses associated with their home working arrangements, in violation of state law....more