New York City is a hub of business activity, attracting employees from all over the country and beyond. However, as remote work continues to rise, so does the question of whether New York City employment laws protect out-of-state workers.
Many employees who live in neighboring states but work remotely for NYC-based companies often wonder if they are entitled to the same protections as those physically working in the city. This blog will explore whether out-of-state workers are covered under NYC employment laws and what factors influence those protections.
Understanding NYC Employment Laws
New York City employment laws are designed to protect workers from unfair practices such as discrimination, harassment, and wage violations. These laws often go beyond state and federal protections, offering workers in the city enhanced rights. Some key laws include:
- New York City Human Rights Law (NYCHRL) provides comprehensive protections against workplace discrimination based on age, race, gender, disability, and more.
- New York City Paid Sick Leave Law requires employers with five or more employees to provide paid sick leave.
- Fair Workweek Law protects fast-food and retail workers, giving them predictable work schedules and more control over their hours.
But do these laws apply to out-of-state workers?
Factors That Determine Coverage
The answer is not always clear-cut. While NYC employment laws primarily apply to workers physically present in New York City, there are some scenarios where out-of-state workers may also be protected. Several factors can influence whether NYC laws apply, including:
- Location of the employer–If the company is headquartered or operates out of New York City, its employees may have some protection under NYC laws, even if they work from another state. The logic behind this is that NYC laws aim to regulate the conduct of employers based within the city limits, regardless of where their employees are located.
- Nature of the work–The type of work being performed can also play a role. If an out-of-state worker performs duties directly impacting or serving New York City residents or businesses, they may have stronger grounds for claiming NYC employment protections.
- Employee contracts–An employment agreement that explicitly references NYC laws can also provide some protection for out-of-state workers. These contracts often outline which jurisdiction’s laws apply to employment disputes, giving employees clarity about their rights.
Remote Work and Employment Law Coverage
With the rise of remote work, many employees perform their jobs outside New York City while working for NYC-based companies. However, remote work introduces a gray area regarding legal protections. Generally, employment laws focus on the location where the work is performed, not necessarily where the employer is based. That said, NYC employment laws might still apply if the employer’s conduct, policies, or decisions are made in the city. For example, if an NYC-based employer discriminates against a remote worker, the worker might still be able to file a claim under NYC laws.
How Out-of-State Workers Can Protect Their Rights
If you’re an out-of-state worker employed by an NYC company, it’s essential to understand your rights and protections. Here are some steps you can take:
- Review your employment contract to determine which jurisdiction’s laws apply to your employment.
- Review your employer’s policies to see if they reference NYC employment laws.
- Consult an employment attorney if you believe your rights have been violated.
The Takeaway
While New York City employment laws primarily protect workers within the city’s limits, there are situations where out-of-state workers can also be covered. Factors such as the employer’s location, the nature of the work, and specific contract agreements all play a role in determining whether NYC laws apply. If you’re an out-of-state worker and believe your rights have been violated, contact Lipsky Lowe today for a free consultation with an experienced attorney.
About the Author
Douglas Lipsky is a co-founding partner of Lipsky Lowe LLP. He has extensive experience in all areas of employment law, including discrimination, sexual harassment, hostile work environment, retaliation, wrongful discharge, breach of contract, unpaid overtime, and unpaid tips. He also represents clients in complex wage and hour claims, including collective actions under the federal Fair Labor Standards Act and class actions under the laws of many different states. If you have questions about this article, contact Douglas today.