I home office 100% of the time in Washington state working for an employer in Florida. I am a full time salaried employee. They have no offices outside of their home state of Florida. Am I governed by employment laws in my state or theirs?
Employment / Labor Attorney
As a general rule, your employment relationship is governed by the state in which you work. If you have a written contract with your employer that provides for the application of Florida law, then some aspects of your employment may be governed by Florida law.
Mr. Holmes is correct. Washington is very protective of its citizens in matters of employment. If you have an issue, you should meet with a Washington employer to discuss your options. I have one wage and hour class action going where we agreed to the employer's law selection clause in California because California laws are even more generout.
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Elder Law Attorney
Our Department of Labor & Industries has won this issue in court. If you work here, our laws apply to your work relationship and employment, with the possible and narrow exception of contractual issues governed by a written agreement. That agreement, however, cannot be contrary to our state laws governing minimum wage, prevailing wage, working conditions, unemployment benefit protections, workers' compensation and other issues specifically reserved as a matter of state public policy in protecting workers' basic wage, safety, and health. Unemployment and work comp are governed by state law as a matter of self-protective state policy. Review the basics at: http://www.lni.wa.gov and you can even retrieve case law by going to: http://www.courts.wa.gov and typing in "employment jurisdiction" in the search box.
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