As more and more people are working remotely, many are working for New York businesses while out-of-state, or vice versa. This begs the question of whose jurisdiction they fall under when it comes to the protections remote employees receive. Are they protected by the state they work for, the state they live in, or both?
The employee rights attorneys at Bantle & Levy explain when remote employees are protected by the laws of New York, another state, both, or neither. A company’s employment can span the nation, and when this is the case, it can become complicated.
State Protections for Remote Employees
The first thing to understand is that remote employees are subject to the state employment laws of both their employer’s location and their place of residence. This means that they may be protected by the labor laws of one or both states, depending on the specific circumstances. Unless one state has laws that cover your situation while the other doesn’t, then you would only have protection against your employer in that one state.
For example, if a remote worker lives in New York but works for a company based in California, they would be covered by both New York and California employment laws. The same would apply if the remote worker was based in California but worked for a company located in New York.
New York’s Employment Laws
In regards to protecting remote employees, New York has specific laws in place that apply to all workers, regardless of their location. These include minimum wage and overtime pay requirements, discrimination protections, and the right to a safe working environment.
Additionally, New York’s labor laws also extend to remote employees who live and work within the state. This means that these employees are entitled to all of the same rights and protections as traditional in-office employees.
New York Human Rights Law
This law protects New York employees against discrimination, but it does not always cover remote employees who work in other states or in-state. You have to file your complaints with the federal government.
Worker’s Adjustment and Retraining Notification Act (WARN)
According to a report on the New York State Worker Adjustment and Retraining Notification (WARN) Act, certain notices must be provided in key situations, implying that some remote employees might not be covered in every situation.
Which State Should You File a Legal Suit in?
If you live in New York but work remotely for an out-of-state employer, how you should legally defend yourself can depend on several factors. Generally, you can file a lawsuit in the state where the unlawful employment practice occurred. This could be the state where you live and work remotely, or it could be the state where your employer is located.
However, the specifics can often be complex and contingent on the details of the situation. The most important factors include:
- The nature of your work
- The location of the employer
- The applicability of various state laws
To know what to do for sure, it’s crucial to consult with experienced employment rights attorneys to navigate these intricate legal matters. The New York employee rights attorneys at Bantle & Levy have the experience you need to consult about your remote work situation. We can help you determine the most appropriate jurisdiction for your case, ensuring your rights as a remote employee are upheld and any violation by your employer is duly addressed.
Bantle & Levy: Protecting Your Rights as a Remote Employee
If you are a remote employee and feel that your employer has violated your legal rights, it is essential to seek the assistance of experienced employment attorneys. At Bantle & Levy, we have a team of dedicated New York employee rights attorneys who stand ready to protect the rights of remote workers.
We understand the unique challenges that remote employees face and can help you navigate the complex legal landscape to ensure that your rights are upheld. Contact us today for a consultation and let us fight for your rights.