Do NY Employment Laws Apply to Out-of-State Employees?

New York has some of the most comprehensive employment laws in the country. However, if you live outside of New York and work remotely, you may be wondering if those employment laws apply to you.

What should you know about whether or not New York employment laws apply to out-of-state employees?

There is no straightforward answer to this question. It depends on the specific circumstances of your employment.

Generally speaking, if you work for a New York-based company, you may be subject to New York employment laws regardless of where you are physically located. This is because the company is headquartered in New York and therefore must abide by New York state laws for all of its employees.

Even if you work for a company that is not based in New York, you may still be subject to New York employment laws if your work activities have a significant impact on New York State.

For example, if you are working on a project for a New York-based client and your work is being performed primarily in New York, you may be subject to New York employment laws.

Remote Employees Working for New York-based Companies

It’s also important to note that certain New York employment laws apply to all employees, regardless of where they are located.

For example, New York’s minimum wage and overtime laws apply to all non-exempt employees, regardless of where they work. Additionally, New York’s anti-discrimination laws apply to all employees, regardless of where they are located.

However, some New York employment laws do not apply to out-of-state employees.

New York’s paid sick leave law is an example. The law went into effect in 2021 and applies only to employees who work in New York State. New York’s requirement that employers provide sexual harassment prevention training is another example. It applies only to employees who work in New York State.

Also remember, this doesn’t mean that your New York-based employer won’t extend protection or coverage or benefits to remote employees outside of the state. It just means they are not required to do so by law.

Were Your Employee Rights Violated?

Do you live outside of New York and work remotely for a company based in New York? Do you have work activities that significantly impact New York State even if you don’t work there? You may be subject to New York employment laws. However, some New York employment laws do not apply to out-of-state employees. It’s important to consult with an employment law attorney to understand your specific situation. They’ll also explain how New York employment laws may impact you.

If you’d like more information or you believe your rights were violated by an employer, we can help. Contact Borrelli & Associates, P.L.L.C. to schedule a consultation.