Which state minimum wage laws does the employer have to follow?

UPDATED: Oct 2, 2022

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Which state minimum wage laws does the employer have to follow?

I work as an all around office admin for a private EMS provider in the Permian Basin. We recently expanded our services in Orla, TX near New Mexico. EMS workers will be responding to emergencies in TX and NM. This is not a public contract, mostly responding to emergencies on our customers’ oilfield locations in southwest NM and northwest TX. New Mexico is changing their minimum laws and currently our EMT-basics make less than their eventual 12 minimum wage for 2020. They are paid 24 hrs a day for their 14 day hitch, hence the lower hourly rates. If they respond to a call in New Mexico am I required to pay according to New Mexico laws or TX because the clinic they work for is in Texas?

Asked on October 3, 2019 under Employment Labor Law, Louisiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The labor laws, and so the minimum wage you must be paid, is based on the location were you work out of--i.e. on the location of your office or (as here) your clinic. Forays into another state does not make you subject to its labor laws or minimum wage--those are based on where your employment is located. So in this case, if you work for a TX-clinic, it would be TX minimum wage.

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