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  1. #1
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Jury Trial Waiver - Class and Collective Action Waiver

    Most labor law can't be overruled by a contract unless it gives MORE right to the employee.

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Jury Trial Waiver - Class and Collective Action Waiver

    Quote Quoting PayrolGuy
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    Most labor law can't be overruled by a contract unless it gives MORE right to the employee.
    Jurisdiction is not a labor law issue in this instance. No labor law is breached by someone agreeing to a specific jurisdiction.

  3. #3
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Jury Trial Waiver - Class and Collective Action Waiver

    Quote Quoting PayrolGuy
    View Post
    Most labor law can't be overruled by a contract unless it gives MORE right to the employee.
    While there are some provisions of labor law that cannot be overruled by a contract, there are some that may be. The Arizona Supreme Court has upheld an employment contract where the parties chose Texas law to govern the contract. See Swanson v. Image Bank. Without doing a full choice of law analysis and analyzing the exact nature of the dispute between the parties, it is impossible to say which state’s law would govern, but for many disputes the choice of law provision in the contract would indeed be valid and Texas law would apply.

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