Labor law jurisdiction question.

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Labor law jurisdiction question.

I am a permanent employee for a company based in FL but I work remotely in CO.
What states labor laws would I fall under? More specifically, I am about to
resign from my position and CO law requires that I be paid for unused vacation
and FL law does not. Just wanting to know what my rights are here…

Asked on February 16, 2018 under Employment Labor Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Labor law is local. That is, the labor and employment laws of the state in which the employee works apply, not the laws of the state where the company is located; you would therefore have whatever rights CO law gives you. 
There is an exception to the above: if you have a written employment contract specifying a certain state's law in the event of a dispute or in determining your rights, then apply that state's laws: such "choice of law" contractual provisions are valid and enforceable.


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