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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20363
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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N.Y. Employment Law Question... Can a private New York company

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N.Y. Employment Law Question... Can a private New York company require an exempt employee to come to the office M-F during regular business hours ? The employee in question states that it is his right to work from home as long as he is "As Available" as if he were in the office.

Thank you for the information and your question. Absent a contract or company policy that states otherwise, the employer sets the terms and conditions of employment. That means if the employer says no one an work from home and must be in the office during certain hours, then that is the rule. It doesn't matter at all that the employee is exempt. Being exempt only has to do with pay, not with the location of their duties. Also, NY is an employment "at will" state. That means that the employer may terminate an employee, for any, or no, reason and with no notice or warning unless doing so would violate a company policy, a contract or employment discrimination law. So, that means the employer can set any lawful terms and conditions and if the employee does not comply, they can be terminated.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
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Customer: replied 4 years ago.

How in the world did you do that so fast ?... Spectacular !!


Thank you,



Robert, I've been doing this for a lot of years:-) You're welcome