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Posted over 3 years ago.

Thanks for your response, Ms. Karila. I forgot to add that my work agreement mentions NYS jurisdiction. A lawyer in LA I consulted with suggested pursuing the matter with the DLSE, presumably due to that clause in my contract. Does that seem correct?

Kristine S Karila
Kristine S Karila, Employment / Labor Attorney - Irvine, CA
Posted over 3 years ago.

The agreement needs to be analyzed as well as your duties. If you were an independent contractor, and not an employee (determined after an analysis of your tasks, control of the way you performed your work, etc.), the contract can dictate jurisdiction and you don't get the benefits of the CA Labor Code. If, however, it is determined that you were an employee working within CA, you get the benefits of CA labor laws and the company cannot take the jurisdication out of CA.