Let’s say your employee works from home in Queens. Or maybe they live upstate but work full-time for your NYC-based business. Should you pay them New York City’s minimum wage?
Short answer: Yes — if they’re tied to your NYC operations.
Employers often overlook this. But New York wage and hour law doesn’t stop at the office door. It follows the economic relationship. And that’s what makes remote employment dangerous ground if you don’t know the rules.
NYC’s Minimum Wage Isn’t Optional
As of now, the minimum wage in NYC is $16.50/hour for most businesses.
This rate applies to all employees “employed within New York City,” including:
- Remote workers based in NYC
- Employees working remotely for NYC-based businesses if the work benefits the NYC operation
- Some hybrid employees who split time but are primarily tied to NYC functions
What matters isn’t just where the person physically sits. It’s where the benefit of their labor lands.
Examples Where NYC’s Minimum Wage Applies
Example 1:
An assistant lives in Brooklyn and works remotely for a Manhattan-based marketing firm.
→ NYC minimum wage applies.
Example 2:
A graphic designer lives in Albany and logs in remotely, but all her work supports the NYC headquarters.
→ NYC minimum wage likely applies.
Example 3:
A software developer lives and works in Buffalo for a Buffalo-based branch of a national company.
→ NYC minimum wage doesn’t apply.
Misclassifying the Wage Rate Can Lead to Legal Trouble
Paying someone $14.20/hour because they’re “remote” doesn’t shield you if that person qualifies under NYC wage rules.
We’ve seen businesses get hit with minimum wage violations, liquidated damages, and attorneys’ fees because they misunderstood the remote rule.
If you’re not sure which wage rate applies — don’t guess.
What I Tell Employers and Remote Workers
Remote work doesn’t erase wage rights. If your business is based in New York City — or your remote staff is supporting your NYC operation — you need to comply with NYC minimum wage law.
Our wage and hour attorneys help employers stay compliant and represent workers who’ve been underpaid based on outdated assumptions.
If you’re unsure whether your pay or payroll policies meet the law, contact us. The Samuel Law Firm can help you get answers — before it turns into a lawsuit.
