Contact us with your California corporate & securities law questions (949) 353-6347 or Contact us here

Delaware Court Declines To Apply California Labor Code Despite California Choice Of Law

Do California Labor Code provisions governing employees apply to persons performing work outside of California?  What if that work is performed pursuant to an agreement that includes the following provisions?

"The Parties shall comply with all laws and regulations applicable to their respective performance of this Agreement."

"This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to that state's conflicts of law principles."

In Tressa v. CareFusion Sols., LLC, 2018 Del. Super. LEXIS 123, the Delaware Superior Court ruled that a choice-of-law clause alone is insufficient to permit Plaintiffs a cause of action under the California Labor Code.  The plaintiffs, however, are not entirely without a case because the Court later ruled that they had adequately alleged a quasi-contractual claim.  Ward v. CareFusion Sols., LLC, 2018 Del. Super. LEXIS 1557. 

The decision in Tressa is not binding on a California court and we will have to wait to find out whether a California court would take a different view.

Share on:

Choice of Law/Conflict of Law

ANY QUESTIONS REGARDING CALIFORNIA CORPORATE AND SECURITIES LAW? CONTACT US DIRECTLY

We offer expert advice with the intricacies of California law.

Our years of experience and expertise allow us to help clients navigate the business laws in California.

CONTACT US

Get the latest news and analysis about California Corporate & Securities law. Subscribe to our newsletter today!

We respect your email privacy

ABOUT OUR AUTHOR

30172DBAB0084D3A8F39D7AF0A8E79BC.ashx Keith Paul Bishop
Partner at Allen Matkins
(949) 353-6328
 Contact me
Learn More About Keith

RECOGNITION

NationalLawReview

JDSupra 2018

nominee-badge

Get the latest news and analysis about California Corporate & Securities law. Subscribe to our newsletter today!

We respect your email privacy

CATEGORIES

see all

YOUTUBE

FACEBOOK