Labor law jurisdiction question.

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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