California Appellate Court Addresses Respondeat Superior Tort Liability Under the “Going and Coming” Rule in the Context of Remote/Hybrid Work

As a result of the COVID-19 pandemic, work environments have changed significantly. Prior to 2020, remote and hybrid work was an exception to the general concept that employees perform work at an employer’s workplace or other jobsite away from the employee’s home. Since then, however, remote and hybrid work has become ubiquitous, extending across industries and occupations. With that change, courts must evaluate existing legal principles in a new context. Last month, a California appellate court did that with regard to employer liability for employee torts committed when traveling from a home office to an employer jobsite. In doing so, the court reaffirmed the legal standard for respondeat superior and the “going and coming rule” and considered facts relevant to the analysis.