California’s shift toward hybrid and remote work has created a category of employment disputes that now regularly appear in counseling inquiries and litigation. While California does not mandate remote work arrangements, several employment law obligations apply equally, or with added complexity, in remote settings.
When employees request remote work or dispute the terms of a remote or hybrid arrangement, employers should evaluate the following:
- Determine whether a protected leave or accommodation is implicated.
- Apply consistent criteria.
- Ensure the written remote work policy is current and compliant.
- Do not treat remote employees differently under wage and hour laws.
- Evaluate retaliation risk before revoking arrangements.
Remote work disputes are increasingly appearing in California wage and hour claims, discrimination cases, and accommodation litigation. A current, well-drafted policy and consistent application are essential to managing exposure.
