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"Governing Law" clause? California

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  • "Governing Law" clause? California

    I am contracted 100% Home Office, located in California, paying CA taxes.
    The company that hired me is headquarted in Florida, my contract was also signed there.

    I just saw a Clause in my contract stating
    "Governing Law: This Agreement and the rights, duties and obligations of the parties to this Agreement shall be interpreted, construed, performed and enforced in accordance with and shall be governed by the laws of the State of Florida. The parties further stipulate that choice of law, venue and jurisdiction clauses contained in this Settlement Agreement are reasonable"

    Meaning that, in case of any issue I should be regulated by FL labor law? I know that CA labor law is way more advanced and with better protection to the employees, and I know that CA is the one that I should refer to, since I am physically working and being taxed there.

    Should I take care of this Clause, or they are just trying to discourage me from going to CA DLSE?


  • #2
    The statement doesn't mean your employment is governed by Florida labour laws, it means the contract itself (i.e., the document) is governed by Florida labour laws. If you live and work in California, then your employment is governed by California labour laws.

    I don't know what you mean by "take care of this Clause" but whatever it is, you don't need to do it.

    Your employer cannot prevent you from going to the CA DLSE and neither does this contract.

    Finally, what is the issue that makes you want to file a claim with the CA DLSE?


    • #3
      Originally posted by eerelations View Post

      Finally, what is the issue that makes you want to file a claim with the CA DLSE?
      Good! I was starting to worry about. Me and my husband work/worked in that company, we have the same contracts. We have some claims for unpaid wages and waiting time penalty, which are well covered and we already understood in CA, but for FL we don't think there is much to do.

      Thanks so much for the help!


      • #4
        John walker

        yes you are right @eerelations
        if you are living and working in CA then you are employment governed by the california Labor laws