What Should You Know about Remote Work Agreements in New York?

Remote work has become a permanent part of the employment landscape, especially in New York. What started as a temporary solution during the pandemic is now a common arrangement for many businesses.

But with that flexibility comes legal responsibility.

Both employers and employees need clear, well-drafted remote work agreements to avoid confusion and protect their rights.

Here’s what you should know.

Why Remote Work Agreements Matter

A remote work agreement is more than a formality. It sets the expectations for how an employee will perform their job outside a traditional office setting. Without one, misunderstandings can arise about hours, pay, confidentiality, and even which laws apply.

New York employers are still bound by state and city labor laws, even when employees work from home. That means wage and hour rules, anti-discrimination protections, and workplace safety standards remain in full effect. A strong agreement can help make sure everyone knows what is required.

What Should a Remote Work Agreement Include?

Every remote work arrangement is unique, but there are key elements that should appear in every agreement. These include:

• Work schedule and availability: Specify required working hours, meal breaks, and when employees should be reachable.
• Compensation and overtime: Clarify how pay is calculated and how overtime is handled for non-exempt employees.
• Equipment and expenses: Outline who provides computers, phones, and internet service, and whether the employer reimburses costs.
• Confidentiality and data security: Explain how sensitive company information should be handled and stored.
• Performance expectations: Set standards for communication, productivity, and reporting.

A good agreement should also address how changes to the arrangement will be made and who can approve them.

What About Out-of-State Remote Workers?

Remote work has blurred state lines. Many New York employers now have staff working from other states. That can create complicated tax and employment law questions.

For example, if an employee moves to another state but continues to work for a New York company, both states might claim tax jurisdiction. The employer may also need to comply with the employment laws of the state where the employee lives.

Before allowing remote work from outside New York, it is wise to review how those laws could affect payroll, workers’ compensation, and benefits.

Are Employers Still Responsible for Workplace Safety?

Even though remote employees work from home, New York’s workplace safety rules still apply. Employers have a duty to provide a safe working environment. While that duty looks different in a home office, it may still include ensuring the workspace is free of hazards and that employees know how to report injuries.

Some employers include a safety acknowledgment form in their remote work agreements. This helps confirm that the employee understands their role in maintaining a safe workspace.

Updating Policies and Handbooks

If your company allows remote work, make sure your employee handbook reflects that policy. It should outline eligibility, expectations, and how performance will be measured. Consistency is key. Treating remote workers differently without a clear business reason can lead to discrimination claims.

Contact an Attorney

Remote work offers flexibility, but it also brings new legal and practical challenges. Clear communication and solid written agreements can prevent problems before they start.

If you have questions about drafting or reviewing a remote work policy, or if you are unsure about your rights as a remote employee, the employment attorneys at Borrelli & Associates, P.L.L.C. can help. We support employees across New York State and New York City and can guide you through the complex issues surrounding modern workplace arrangements.