- Document decision-makers’ physical locations when making significant remote workforce employment decisions
- Evaluate California employment law extraterritoriality separately under each applicable statute
- Distinguish administrative input from substantive authority in multistate workforce decisions
- Avoid treating Saberin v. Alation as protection involving California-based remote workers
Article
Remote Work Ruling Clarifies Calif. Law Limits, With Caveats
Law360
Key Takeaways
The California Court of Appeal’s decision in Saberin v. Alation clarifies limits on the extraterritorial application of California employment law to remote workers. The court held that California statutes did not apply where the employee worked outside the state and the substantive employment decision was made outside California—even though the employer was headquartered there. For employers managing a multistate workforce, the ruling underscores the importance of documenting where employment decisions are made and distinguishing substantive decision-making from administrative input. However, the decision is narrow and does not resolve whether California employment law applies to California residents working remotely.
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