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I rated so this is a separate question
The 9th circuit ruling is that an employee that works in the state of California comes under the California Department of Labor, whether independent contractor or employee, and that for choice of law, California law is applied, even if there is a choice of law/choice of venue clause in any agreement with the worker
I will check if the state agencies apply this-I believe they would but given this state relies on independent contractors, Mexican workers( I am not but an employee of a company with extensive contacts within the state, and I am trying to apply california law to the case- I know you cannot guess at anything but if you practice in Caifornia do you think the case might be allowed in California superior court with the labor code applied
Ninth Circuit cases are highly persuasive. However, I would not rely on the case except to the extent that you may be pleading both violations of state and federal labor law. California private employment is governed by the Cal. Labor Code, except where federal law preempts under the Fair Labor Standards Act. Federal law has been held to preempt generally only where it is more protective of employees than is state law. See Ramirez v. Yosemite Water Co., Inc. (1999) 20 C4th 785, 795, 85 CR2d 844, 850; Pacific Merchant Shipping Ass'n v. Aubry (9th Cir. 1990) 918 F2d 1409, 1426–1427] And, there you go.Hope this helps.
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