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Employed in Calif by a Wash State employer. Which State Laws Prevail California

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  • Employed in Calif by a Wash State employer. Which State Laws Prevail California

    I was hired by a Washington employer 5 years ago and live in Washington at the time. 8 months later, I moved to California, but remained employed by the same Washingon employer. I telecomute from my California home 100% of my workday. Which state's Labor Laws now apply?

  • #2
    I am certain that CA thinks that CA law applies. I am not expert on WA law. I will say that it is very likely that WA also thinks CA law applies but states sometimes take notions. Mostly NY, but never underestimate the ability of a state to not play nice with it's neighbors.

    The general rule of thumb under labor law is that there legally is no such thing as telecommuting. The "work" is done where the employee's body physically is at the time. Almost all states follow this rule. Some groups of states have reciprocal agreements with other states, but CA has no such agreement.

    What exceptions that exist tend to be NY exceptions, who has a strange "for the convience of the employer" rule for SIT, and even stranger rules for SUTA. It also gets interesting when the work cannot be localized. Say a traveling salesperson who works in many states. Those rules can sometimes get very interesting. But if you are working 100% physically in CA, then you are a CA employee for all purposes. Now could WA say that you are also a WA employee? Sure, because states do not have to play nice with each other. WA could pass a law saying that all left handed workers in states whose names start with a vowell are subject to WA taxes. That would be a fun court case, but WA could at least pass the law.

    But WA cannot make CA say that you are not a CA employee, and CA is very certain that any employee working in state is one of theirs. No matter what other states think.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      DAW is Correct. California law applies.
      J.E.B. Pickett
      Wynne Law Firm
      California Wage & Hour Class Action Attorneys.
      877-352-6400
      www.wynnelawfirm.com

      Disclaimer: This response and any materials or content provided by this response are for general informational purposes only and should not be relied on or considered as legal advice. Under no circumstances does this informational response, directly or indirectly, establish or intend to establish an Attorney-Client relationship.

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      • #4
        What is the conflict if I may ask?
        Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

        I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

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        • #5
          Vacation Time

          Originally posted by CatBert View Post
          What is the conflict if I may ask?
          Employee manual says company upon termination will not pay out for vacation earned but not used. As long as CA Labor Laws prevail, the company MUST pay for unused vacation.

          Comment


          • #6
            File a wage claim with CA-DLSE.

            http://www.dir.ca.gov/dlse/FAQ_Vacation.htm
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

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            • #7
              CA DLSE is going to claim you - no doubt in my mind

              I've seen it from both sides. Had a Regional HR position, worked in 7 states, was classified as a 'Corporate Employee' by the NY based company and lived in San Francisco. When they forgot to pay my final wages, the DLSE didn't blink - I got the waiting time penalty. The company even sent a legal team to fight my claim, but they should have stayed home.

              The DLSE isn't always this cut and dry, but in 17 years, I have never known them to back down when it comes to physical residency. If you LIVE in CA, you fall under CA labor law.

              Comment

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