Hybrid work, telework, flex work – all these terms have become commonplace since the COVID-19 virus made trips into the office unsafe during the height of the pandemic. And now, even with vaccines readily available and life returning to some semblance of “normal,” many employers are still offering employees work from home options.

According to data compiled by the Bureau of Labor Statistics, 34.5% of businesses increased telework for some or all their employees during the pandemic; and of those businesses, 60.2% report they expect to keep those arrangements permanent.

For the companies that are allowing flexibility with telework, there are benefits such as cost savings in office space requirements. For employees, the benefits include avoiding long commutes and more time with family. Because of this, hybrid work arrangements are expected to continue to be more common over the next decade.

And because these new arrangements created by an emergency are expected to continue, it is important for employers and employees alike to understand the labor laws that apply to these arrangements.

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“There are many traps for the unwary California employer when managing and navigating issues involving remote work,” said Marie Burke Kenny, a partner at Procopio who specializes in labor and employment law.
At the top of those list of traps is potential for discrimination toward a protected class. In California, protected categories include race, religious creed, color,...

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