Wage & Hour Laws for Remote Workers

Working From Home Still Counts as Work Under the Law

Just because your desk is at home doesn’t mean your hours don’t count. Under the law, time spent working from home, drafting emails, logging into systems, attending video calls, counts as compensable hours. If your employer expects your time to be available, that time may be considered work.

Many remote workers feel uncertain about what counts. So they reply to messages before or after logged hours, thinking it’s optional, but it’s not. That unpaid time may qualify as overtime or unpaid work. At Horn Wright, LLP, our employment law attorneys know how these quiet hours add up. We’ve seen countless cases where five or ten minutes here and there turns into dozens of unpaid hours each month. Whether it’s responding to a supervisor’s late-night email or prepping for an early-morning call before the clock starts, that’s work, and you deserve to be paid for it.

Even casual or infrequent after-hours tasks matter. Employers must compensate for all time worked unless a proper exemption applies, and remote setups don’t weaken that rule.

How New York Treats Time Tracking for Remote Workers

New York requires accurate timekeeping, regardless of work location. If your role is non-exempt, your employer must track your hours properly under NY Labor Law §195. For remote work, that means requesting clock‑in/out records or self-reported logs, and adjusting based on actual hours worked.

Employers must provide a system to record hours, from virtual punch‑ins to weekly email-approved logs. If they fail to track properly, New York rules allow your own records to be accepted under Labor Law §196‑a. That’s good news if you’ve been logging hours to catch gaps.

Fast internet or work app access doesn’t change your rights. If you respond to work-related activity outside scheduled hours, you may still qualify for overtime. Accurate records matter more than physical presence in an office.

Common Wage Violations in Remote Roles

At-home assignments open new risks: unpaid activities before or after shifts, missed breaks, and miscalculated overtime. Employers may ignore prep time or administrative tasks you run through from home.

Some examples include:

• Replying to Slack messages before clocking in, or drafting reports when “off the clock,” without pay.
• Not compensating full shift hours due to technical clock-outs or tool restrictions.
• Denying overtime by claiming work-from-home status disqualifies coverage.

These infractions may seem subtle, but they accumulate pay loss week after week. Employers are liable for those hours under both FLSA §207(a) and New York wage law.

Can Employers Use Out-of-State Location to Pay You Less

Some employers argue that because you're working remotely from another state, they can pay you per that state’s minimum wage. That may happen if you live outside New York, but if your job is based in New York and employer has significant operations here, the New York Labor Law may still apply.

Even if you’re technically living in another state, corporate operations tied to New York, such as management teams, payroll, or leadership, create a nexus. If your contract or employer base is in New York, you’re generally owed New York wage protections.

Employers who misapply lower thresholds face liability under New York wage law, and may owe back pay, penalties, and legal fees if they failed to meet New York standards.

What to Do If You’re Working Off the Clock From Home

If you're regularly working outside logged times, catching up emails, prepping for shifts, or reviewing reports, it's time to track. Start documenting your start and stop times, including phone logs, app records, and even browser history if needed.

Don’t wait until you see a paycheck with errors. Take screenshots, emails, texts, anything that shows you logged on or responded outside scheduled hours. That helps prove the pattern.

Speak up with HR or payroll if hours are missing. Many violations are resolved once payroll sees clear records. If ignored, you may file a complaint through the New York State Department of Labor or consider legal action under NY Labor Law §663 and the FLSA §216(b).

How to Log and Document Remote Work Hours

Logging remote work is about accuracy and consistency. Use a daily log, spreadsheet or app, to note:

• Clock-in and clock-out times
• Breaks taken or missed
• Any off-the-clock activities including prep or wrap-up

If you attended virtual meetings or submitted work during unpaid time, screenshot timestamps to support your claim. That kind of documentation matters, especially if employer records are weak.

Consistent logs can shift burden to employer if they lack proper timekeeping. Courts and DOL investigators accept your logs when the employer fails to document properly.

How New York Remote Worker Laws Differ from Those in Maine

New York offers stronger remote work protections than Maine in several ways. Maine follows primarily federal wage law, with fewer state-specific rules around remote time tracking, unpaid work, or tip credit notice. New York enforces stronger tracking standards and allows six years to file a claim under New York Labor Law §198(3).

Maine’s state minimum wage and overtime protections may apply if you live and work there, but they often lack the enforcement and penalty structures New York provides. Maine also doesn’t require detailed wage statements or tip disclosures like New York does, making wage tracking harder.

That means New York workers often receive higher compensation and better access to legal remedies, especially for remote or mixed-location work.

What Rights You Keep Even Outside the Office

Working from home doesn’t strip away your legal protections. You retain right to minimum wage, overtime, break periods, wage statements, and protection from retaliation under New York Labor Law §215.

You’re also entitled to recover liquidated damages if wage violations are found. And if an employer fails to provide accurate wage statements or fails to track hours, you may be eligible for penalties, regardless of your remote location.

Your rights don’t vanish because of geography. As long as operations are tied to New York wage law, remote workers have the same protections as office-based employees.

Legal Options for Remote Wage Claims in New York

If you think you’re owed unpaid work, missed breaks, or miscalculated overtime, here’s what to do:

• File with the New York State Department of Labor, which investigates unpaid wages, breaks, and tracking violations.
• You can also pursue private action under NY Labor Law Articles 6 and 19, particularly if multiple violations or group claims are involved.
• Keep logs and records from your end, they’re evidence. If employer records are missing, your own documentation may tip the scales.
• An experienced attorney can help ensure all wage categories are considered, including benefit-eligible hours, bonuses, or remote-specific allowances.

Having someone on your side makes navigating remote wage disputes less stressful—and often improves recovery outcomes.

How Horn Wright, LLP, Can Help You Secure Your Rights as a Remote Worker

Remote work shouldn’t reduce your legal protections, and Horn Wright, LLP, is here to make sure it doesn’t. Our employment law attorneys are fully versed in New York’s remote work laws. We’ll review your records, help you build evidentiary support, and guide you through complaint or lawsuit options. If you're ready to work with a legal team recognized for protecting remote workers’ rights in New York, reach out today.