This is a common question employers ask when they have people working remotely or have worksites in multiple states. The answer is simple: Employees should be paid the applicable minimum wage for where they’re doing the work, whether they’re at company headquarters, a satellite office, or in their own home.
This also means you should be sure you’re paying the applicable minimum wage when employees do work in novel locations. For instance, if you have an hourly employee who usually works in Texas but travels to California for one workweek per quarter, they’d be entitled to the relevant state or local minimum wage while there. Also keep in mind that some states and localities have differing minimum wages based on job type, such as for healthcare or hospitality workers.
In general, as with most employment laws, you should adhere to the law that is most beneficial to the employee.
This Q&A does not constitute legal advice and does not address state or local law.
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