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AB-1492 Employment: Telecommuting Act.(2019-2020)

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Date Published: 07/23/2020 09:00 PM
AB1492:v95#DOCUMENT

Amended  IN  Senate  July 23, 2020
Amended  IN  Senate  June 29, 2020
Amended  IN  Senate  June 12, 2019
Amended  IN  Assembly  April 04, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1492


Introduced by Assembly Member Boerner Horvath

February 22, 2019


An act to add Section 2802.2 to, and to add Part 4.6 (commencing with Section 1460) to Division 2 of, the Labor Code, relating to employment.


LEGISLATIVE COUNSEL'S DIGEST


AB 1492, as amended, Boerner Horvath. Employment: Telecommuting Act.
Existing law regulates the wages, hours, and working conditions of any worker employed in any occupation, trade, or industry, whether compensation is measured by time, piece, or otherwise, except as specified.
This bill, among other things, would authorize any nonexempt employee working from home who is not under the physical control of the employer to choose when to take any meal or rest period during the workday. workday, if the employer has not already scheduled a meal or rest period within the requirements of the law. The bill would require an employer to only pay one additional hour of pay if for each day that the employer fails to notify the employee of the employee’s right to take a break or requires an employee to work without a meal or rest period. The bill would also authorize an employee working from home to received receive legally required notices and postings electronically and sign certain documents electronically.
Existing law requires an employer to indemnify an employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of their duties, or of their obedience to the directions of the employer.
This bill would require an employer, unless the employer provides the equipment, to reimburse or indemnify an employee working from home for all physical equipment in the home reasonably necessary to perform the employee’s work duties. duties, including, but not limited to, a computer, a printer, and a scanner. The bill would require an employer to reimburse or indemnify an employee who works from home for a reasonable percentage of the employee’s monthly internet, telephone, and energy costs internet and telephone costs to the extent those costs are necessary for performance of their work duties, as provided. The bill would prohibit an employer from retaliating against an employee who seeks reimbursement or indemnification for the allowable expenses.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 This act shall be known, and may be cited, as the Telecommuting Act.

SEC. 2.

 Part 4.6 (commencing with Section 1460) is added to Division 2 of the Labor Code, to read:

PART 4.6. Telecommuting Employees

1460.
 (a) Notwithstanding Section 512, any nonexempt employee who works from home and is not under the physical control of the employer may choose when to take any meal period or rest period during the workday. workday, if the employer has not already scheduled a meal or rest period within the requirements of the law. An employer shall notify the employee of the employee’s right to take a meal or rest period as provided by Section 512 of the Labor Code and wage orders of the Industrial Welfare Commission.
(b) An employer shall only pay one additional hour of pay pursuant to Section 226.7 if for each day that the employer fails to notify the employee who works from home of the employee’s right to take a meal or rest period under this code or wage orders of the Industrial Welfare Commission, or requires an employee to work without a meal or rest period.
(c) An employer shall not retaliate against any employee who exercises any rights pursuant to this section.
(d) Except for the timing of when meal periods and rest periods occur as set forth in subdivision (a), this section does not supersede the responsibility of employers to relieve their employees of all duty, to relinquish control over their activities, to permit them a reasonable opportunity to take uninterrupted breaks, and to not impede or discourage them from doing so, as set forth in Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004, 1040.

1461.
 (a) Any employee who works from home and is not at the physical location of the employer may receive all required notices and postings under this code electronically.
(b) Any employee who works from home and is not at the physical location of the employer may utilize an electronic signature for any employment-related documents that require acknowledgment of receipt or attestation.

SEC. 3.

 Section 2802.2 is added to the Labor Code, to read:

2802.2.
 (a) An employer shall indemnify an employee who works from home for all physical equipment in the home reasonably necessary to perform the employee’s work duties, duties, including, but not limited to, a computer, a printer, and a scanner, unless the equipments equipment is provided by the employer. An employer may establish procedures that require the prior approval of an equipment purchase by an employee, unless the need for the equipment is unforeseeable and is required to be purchased immediately to perform the work duties.
(b) An employer shall indemnify an employee who works from home for a reasonable percentage of the employee’s monthly internet, telephone, and energy internet and telephone costs to the extent those costs are necessary for performance of their work duties. duties, as estimated by the employee, unless the employer already fully covers those expenses.
(c) In lieu of reimbursing or indemnifying an employee for the exact costs, an employer may provide the employee with a monthly voucher the amount of which is based upon an employee’s reasonable estimate of the reimbursable expenses provided for pursuant to this section.
(d) An employer may require an employee to provide documentation to support the employee’s reasonable estimate of reimbursable expenses or request for indemnification.
(e) An employer shall not retaliate against an employee who seeks reimbursement or indemnification of any expenses pursuant to this section.
(f) This section does not supersede any employee rights provided under Section 2802 of the Labor Code.