Do Employment Laws Apply to Remote Employees?

The pandemic brought about a dramatic shift in the way many people work. As more and more people begin to work remotely, it’s important to understand what employment laws apply to remote employees.

What should you know if you’re a part-time or full-time remote working employee?

New York State Labor Laws

The New York Department of Labor (DOL) governs labor laws applicable to all employers in the state, regardless of whether they are based out of a physical office or not. These include:

• Minimum wage
• Overtime pay
• Child labor laws
• Other employee wages and hours rules

In addition, the DOL requires employers to provide safe and healthy working conditions for their employees. Obviously, this looks different for remote employees, but it applies even if you work offsite.

New York State Equal Employment Opportunity Law

Employers in New York must comply with the state’s Equal Employment Opportunity Law (EEO). This law prohibits discrimination against employees based on any of the following including:

• Race
• Color
• Religion
• National origin
• Age
• Sex
• Sexual orientation

Employers may not discriminate against any employee when making hiring, firing, or promotion decisions.

Furthermore, employers must ensure that all policies and practices are applied fairly and consistently at both physical workplace locations and remote sites.

New York State Workers’ Compensation Law

The New York Workers’ Compensation Law applies to all employees regardless of where they are located while they are working.

This law provides benefits for medical expenses incurred if an employee becomes injured while performing job duties at either a physical office location or remotely at home or another offsite location. Employers must also keep records of any injuries sustained by any employee at any workplace location per New York state law requirements.

Working from home can be an attractive option for many individuals but it is important to remember that state employment laws still apply even when you’re working remotely from home or another offsite location within New York state limits.

Working from home doesn’t release you from your obligations to your employer. Nor does it mean your employer can require anything from you that would be unreasonable in a traditional work environment. Despite not being physically present in the workplace, there is still a formal employer-employee relationship.

Employers must understand all applicable labor regulations and ensure compliance with them when managing remote employees effectively and efficiently within their organization.

These are just some of the laws in place that offer protection to remote employees. The landscape of work is changing as businesses adjust to the changes of the last few years and the changes that are ahead. By understanding these regulations and implementing best practices accordingly, employers can create an environment where their remote employees feel supported and protected under the law regardless of where they work.

If you have questions about your rights as a remote employee, we can help. For more information or to schedule a consultation, contact Borrelli & Associates, P.L.L.C.