Business-Friendly Telecommute Reforms Needed in Our New Normal

When COVID-19 brought difficult changes to the way we do business, thousands of employers were able to “keep their doors open” by sending their employees to work from home. This ultimately benefited many households, as it allowed individuals to simultaneously continue working and take care of their children. However, without critical reforms to account for the new normal of telecommuting, Tom Sheehy, Principal and Founder of Sheehy Strategy Group, says that California businesses could find themselves in a tough position.

California labor laws are incredibly rigid when it comes to rest and meal breaks, wages, and overtime for hourly employees. With many employees’ homes now functioning as their worksite, Sheehy notes that certain regulations are nearly impossible to administer. For example, according to one regulation, employers are required to post certain notices “on a bulletin board in a public place.” How can that be enforced in someone’s home? Or employees that want to skip a meal break and finish work earlier to tend to family matters cannot do this without violating hourly wage laws. There is no flexibility, and the employer is on the hook legally to make sure these regulations are followed.

Other states have administrative processes for protecting workers whose rights have been violated, unintentionally or otherwise, and California should follow a similar path. This would ensure that workers are taken care of, while also protecting businesses owners from frivolous lawsuits.

It is simply not practical to hold employers accountable for certain inflexible labor requirements when employees are telecommuting.

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