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Feb08

New York company doing business in California

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When a employee quits or is terminated do I follow New York laws or California laws in regards to vacation pay, time frame to pay last check.

You follow the California laws for any employee working within the state of California.

In 2009, the California Supreme Court ruled that any employee working within the state borders — even temporarily — was covered by all California employment laws including meal and rest breaks, minimum wage, vacation pay and final wages. This would apply even to employees working for a few days at a convention or meeting in California.

If you have an employee who is physically in the state of California, the fact that you are in New York is not a defense against fines and penalties for violating California labor laws.

Tags: California, employment law, labor law, New York

This entry was posted on Monday, February 8th, 2010 at 2:28 pm and is filed under
Human Resources Management, Labor Laws.
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