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 in the employment context, host-country "mandatory rules" include most regulation of the workplace, such as...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Related Sections

Law Firms

Government Agencies

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!