Choice-Of-Law Clauses: Drawbacks For Employers

Law360, New York (October 2, 2012, 1:24 PM EDT) -- In our last Law360 article, we discussed the general rule that employment protection laws of the place of employment apply even notwithstanding a choice-of-law clause by which parties to an employment (or employee compensation) agreement purport to select the law of some foreign jurisdiction with a nexus to the employment.

When a border-crossing employee selects the law of some jurisdiction outside the host country — even a jurisdiction with a genuine nexus to the employment — the selection is usually powerless to block host-country “mandatory rules.” And...
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