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Find out how Remote can guide you through the complexities of managing cross-border hiring, payroll, taxes, and compliance.

Employing in New York

In New York, workers’ rights are protected by numerous employment and labour laws, at both the state and federal level. As a result, employees enjoy protection from discrimination based on age, religion, sexual orientation, gender, and race.

Here are the key things you need to know about hiring in New York.

Hours of work in New York

Work and overtime laws in New York are overseen by the state’s Department of Labour.

What is considered full-time employment in New York?

Full-time employment is generally considered to be between 30 and 40 hours per week, although there is no set legal definition.

Do pay employees get overtime in New York?

Under the federal Fair Labour Standards Act, non-exempt employees are entitled to overtime pay of 1.5x their regular pay rate if they work more than 40 hours in a week.

Employees are generally (but not always) exempt from overtime if they:

  • Earn more than the specified state or federal exemption threshold
  • Perform a role with duties that are
  • Work in a certified or licensed profession, such as law, accounting, architecture, or engineering

In New York City and the counties of Westchester, Suffolk, and Nassau, the pay threshold for exemption is currently $1,125 per week. In the rest of New York State, it is $1,064.25.

Note that the federal pay threshold for exemption is currently being reviewed in the US.

Minimum wage in New York

The minimum state wage for private sector employees is currently $15 per hour, although a higher rate of $16 applies for employees in New York City and the counties of Nassau, Suffolk, and Westchester.

Onboarding timeline in New York

We can help you get your new employee started in New York fast, with a minimum onboarding time (MOT) of just 2 working days. Note that the MOT is dependent upon registration with the local authorities, and begins after the employee has submitted all the required information on the Remote platform.

For non-citizens of the US, a work eligibility assessment may be required, and can add three extra days to the onboarding time. If a follow-up is needed, there may be additional delays.

Please note that payroll cut-off dates can impact the actual first day of employment. Remote’s payroll cut-off date is the 10th of the month, unless otherwise specified.

Payroll cycle in New York

Under state law, employees must be paid at least twice per month (employees in some manual occupations must be paid weekly).

For Remote customers, employee payments are made twice per month in equal instalments, payable in arrears. The first payment is made on the 15th of the month and the second payment is made on the final day of the month. If relevant, bonus payments, commissions, and expense reimbursements are included in the second payment of the cycle.

Competitive benefits package in New York

Remote can help you craft a competitive benefits package to attract and retain the best global talent. Our benefits experts understand the trends, requirements, and expectations of the New York labour market, allowing your employees to feel appreciated and thrive.

Our benefits packages in New York usually include some or all of the following:

pension_or_401(k)
Pension or 401(K)
medical_insurance
Medical Insurance
vision_insurance
Vision Insurance
health_saving_plan_(hsa)
Health Saving Plan (HSA)
long_term_disability_insurance_(ltd)
Long term disability insurance (LTD)
dental_insurance
Dental Insurance
life_insurance
Life Insurance
flexible_spending_account_(fsa)
Flexible Spending Account (FSA)

Are employers required to provide health insurance in New York?

Under the federal Affordable Care Act, organizations with a headcount of 50 or more must offer statutory health insurance to their full-time employees.

Many employers also offer some level of supplemental health insurance. While this can lead to a relative rise in employment costs, it’s an essential benefit that ensures your people have access to routine care and are covered in the event of an emergency. 

Because Remote is the employer of record (EOR), it’s important for us to offer the same core benefits to all employees to ensure fair and non-discriminatory hiring practices. This protects both your business and ours.

Note that we do not add a markup on any benefits premiums or administration costs.

Are employers required to offer 401k in New York?

The state is currently in the process of mandating qualified savings plans for private sector employees.

Under this legislation, you will need to enroll your employees into the New York Secure Choice Savings Program (or another recognized retirement plan).

Note that this will only apply to your business if it:

Note that employees in New York City will be covered by a different program under the Retirement Security for All Act. The details of this program are yet to be disclosed, but it will apply if your business:

Facts & Stats

From Niagara Falls in the north to the sprawling metropolis of New York City in the south, the Empire State is storied and iconic at every turn.

Home to numerous global institutions like Wall Street, Broadway, Columbia, and the UN, it’s one of the world’s foremost cultural, political, and educational destinations — making it a hugely popular and desirable location for both employees and employers alike.

Capital City
Albany
Currency
United States Dollar
($, USD)
Population size
19,900,000
VAT - standard rate
4% (Plus city, county, or district tax (total minimum 8%))

Grow your team in New York with Remote

If you want to hire in New York, you’ll need to own a legal entity there — or partner with a global employment solutions provider, like Remote.  

We can employ top talent in New York on your behalf and manage complex HR tasks such as onboarding, payroll, benefits, and taxes. You can also manage and pay your contractors in New York through Remote.

Risks of misclassification

New York, like many other countries, treats self-employed individuals or contractors and full-time employees differently. Misclassification of contractors in New York may lead to fines and penalties for the offending company.

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Fair Pricing in New York

Payroll

29

per employee/month
Book a demo
  • Powerful, transparent international payroll
  • Simple self-service platform
  • Personalised support from dedicated specialists
  • Adhere to local payroll regulations in every country
  • Integrated payroll, expense management, and HRIS solution
Contractor Management

29

per contractor/month
Book a demo
  • Only pay for contractors you actively work with
  • Work with international contractors
  • Create, edit, and sign tailored, localised contracts
  • Approve contractor invoices with one click or auto-pay
  • Transparent payments with complete visibility
Employer of Record

699 599

per contractor/month
Book a demo
  • Hire without opening a local entity
  • Guided onboarding
  • Local payroll paid on time, every time
  • Built-in security and compliance
  • Flexible, localised benefits
  • Offer equity incentives with tax assistance
  • Dedicated experts for local support
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