If you work for a company that employs workers to the same position in multiple states, which state labor laws apply?
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If you work for a company that employs workers to the same position in multiple states, which state labor laws apply?
For example, if a co-worker works in CA, which has a strict labor code which protects employees, and I work in PA, that has a lenient labor code, does the law that gives the most protections followed? I will use moonlighting working a second job as an example. If Company A restricts off hours conduct (i.e. moonlighting) and employs workers in CA, which state
labor code restricts employers from restraining off hour/off property conduct, and I am employed in
PA in the same position PA does not have labor laws that grant protections for off hours/property conduct am I protected under the cloak of CA’s laws, as PA does not have labor laws for or against the subject. I have found on the Department of Labors website, that on other topics, they instruct the employer to side with labor law that gives the stricter protections to employees. In this case, this would be CA’s. However, DOL does not explain State vs State labor laws for a nationwide company.
Asked on December 9, 2017 under Employment Labor Law, Pennsylvania
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
The law that applies to you is the law of the state in which you work. Where your company is physically headquartered is of no bearing.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Actually, in terms of which state's laws to follow, the law that applies is the law of where you work; labor and employment law is local in that regards. If you work in PA, you are subject to PA's labor/employment law; it does not matter where the company is headquartered or where other workers are located--all that matters is the state in which *you* work. In this case, you are under PA's law on this subject.
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