Q: I am a salaried employee in California. Can I be forced to work 5 days a week plus weekends remotely from home?
We used to get a day off prior and a day off after our weekend to make sure we got 5 working days and 2 days off.Well recently it changed and our new boss wants us to work 5 days in person and 2 from home. Is this legal just because We are salaried?
A: Unless you have a contract that guarantees certain days off, your employer can change your days of work, the hours you can be asked to work, and every other term and condition of employment at any time and for any reason or even no reason at all.
That is true whether you are paid hourly or paid with a salary.
Good luck to you.
A: I cannot say that I agree with Neil on this one. Per Labor Code 551 you are entitled to one day's rest in seven. This would be a public policy statute, like the minimum wage laws. You cannot contract away a public policy, that is an illegal contract. So just as you cannot agree to work for less than minimum wage, you cannot be "forced" to work 7 days in 7. You are not a robot that is just there for the boss to use 24/7, at the boss' whim. There are limitations on what employers can do to their employees. These laws came about in the late 30's and early 40's (that is 1930/1940) in response to "sweat shop" working conditions in newly industrialized area where employees were forced to work 16 hour days with little or no breaks and got paid a few cents a day. Women and Children were exploited for their labor, there was a lot of illness and death by exhaustion. Sounds like your boss thinks it is 1918 again and can work you without stopping. Even horses get to rest.
The fact that you are asked to work from home means nothing. "Off duty" means free from the control of the employer, whether it is a rest break, meal break or day off.
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