Canan employmentcontract supercede state rules and regulations?

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Canan employmentcontract supercede state rules and regulations?

Part of NY state retirement system, contract states that we get paid a % of all unused sick time. NY state says that we cannot use them for service credit and then get paid for them. I  would like confirmation.

Asked on September 12, 2010 under Employment Labor Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Not to throw things back in your lap but does your contract state what happens when the contract conflicts with state law?  And is it state law that conflicts with the contract or just a conflicting rule through an administrative agency?  You need to bring the contract in to someone to read in conjunction with the rules you claim states otherwise.  It may not be one than can even be easily answered by an attorney in the field and maybe it is something that needs to be challenged in the long run.  Judges often uphold contracts that deviate from the law on issues under a freedom to contract banner.  But someone really needs to read both together and possibly do a little research to answer this.  Good luck. 


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