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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
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Experience:  Significant experience in all areas of employment law.
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I am a US citizen working at a Brazilian consulate. Am I protected

Customer Question

I am a US citizen working at a Brazilian consulate. Am I protected by US and California labor laws?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 5 years ago.
Hello and thank you for entrusting me to answer your question. So that I am entirely clear, are you presently located and working in the country of Brazil?
Customer: replied 5 years ago.
No. I work in the Brazilian consulate in San Francisco.
Expert:  Patrick, Esq. replied 5 years ago.
Thank you so much for the additional information and your patience in allowing me to respond.

Labor Code section 1171.5 states: “[a]ll protections, rights, and remedies available under state law . . . are available to all individuals . . . who are or who have been employed, in this state.” California courts have recently taken this so far as to hold that a worker who travels to California for a matter of hours is covered by California wage and hours laws. See Sullivan v. Oracle:

I am aware of no exception to this rule for consulate employees. Accordingly, if your employment occurs in the state of California, the same wage and hour laws that apply to all other employees probably apply equally to you.

I sincerely XXXXX XXXXX this information helps you and I wish you the very best of luck. Bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Please abide by the honor code of this website by kindly clicking on the GREEN ACCEPT button if my answer has been helpful to you. Thank you very much.

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