San Francisco Employment Lawyer

Yes, employers are required to follow wage and hour rules for remote work. Non-exempt (non-salaried) employees must be paid for every hour worked, including any overtime pay you are eligible to receive. California laws regarding meal periods and rest breaks still apply. Your employer should keep track of your work hours even if you are not working from the office. If you are not being paid all the wages you have earned, you should speak to an experienced employment lawyer.

If you are working remotely due to COVID-19, your employer must reimburse you for all out-of-pocket business expenses incurred while carrying out job duties. Under California law, covered expenses may include your cellphone, internet bills, personal computer, software and other equipment necessary for you to work at home. While there are some exceptions, the employer will need to cover the costs of your home office expenses, as long as they are necessary and reasonable.

Yes, employers are allowed to require employees to be vaccinated against COVID-19 or show proof of their vaccination status as a condition of employment, provided the employer can make certain accommodations when necessary. Under the latest guidance for San Francisco, anyone who works in a high-risk setting or indoor business must be fully vaccinated. High-risk workplaces include hospitals, skilled nursing homes, residential care facilities for seniors, homeless shelters and jails. The vaccination requirement also applies to employees of food and drink establishments, fitness centers, and recreational facilities.

An employee may be exempt from the COVID-19 vaccine requirement under limited circumstances. Exemptions can be based on bona fide and well-documented religious beliefs or certain qualifying health issues with appropriate medical documentation. When an eligible worker requests an exemption, the employer must engage in an interactive process to discuss reasonable accommodations, such as telework or regularly taking COVID-19 tests.

Employers are allowed to impose their own workplace mask requirements. Under current guidelines, fully vaccinated employees are allowed to work without masks outdoors. However, workers must wear a well-fitted mask in indoor work environments, including shared motor vehicles.