Labor & Employment Law

Public law takes precedence over private law

Source: Administrative Law Professor Blog. Reproduced with permission. Copyright © 2010, All rights reserved http://lawprofessors.typepad.com/adminlaw/ -- From Law.com, "9th Circuit: No Choice of Law on Independent Contractor Status" by Cheryl Miller of The Recorder

In a significant victory for employment plaintiffs, the 9th U.S. Circuit Court of Appeals on Tuesday held that employers cannot use choice-of-law contracts to avoid California labor regulations.

While workplace contracts may be subject to out-of-state law, actual workplace terms and conditions affecting workers in the Golden State are governed by California statutes ...

"While the contracts will likely be used as evidence to prove or disprove the statutory claims, the claims do not arise out of the contract, involve the interpretation of any contract terms, or otherwise require there to be a contract," [the judge] wrote. The plaintiffs' "claims arose under the Labor Code, a California regulatory scheme, and consequently, California law should apply to define the boundaries of liability under that scheme."

Narayan involves the red-hot issue of employee classification. Plaintiffs lawyers say that multistate companies have increasingly tried to designate workers as independent contractors to avoid California's perceived worker-friendly regulations on overtime and meal-and-rest periods. ...

EMM

* Harvey Randall Comments: Essentially ?public law? refers to laws, rules and regulations enacted by a public entity and applicable to all relevant persons and organizations subject to that entity?s jurisdiction while ?private law? refers to contracts and agreements between individuals and organizations that are binding only on the parties to the contract or agreement.

However, the Congress of the United States, will, from time to time, enact a ?private law? that affects or apples to only an individual, family, or a small group. These private laws are generally adopted to redress some injury resulting from a government programs or in connection an executive agency ruling such as deportation order.

Such private laws are cited, for example, as Pvt.L. 107-006, the abbreviation Pvt.L. indicating that it is a ?private law.?

In addition, State legislatures, including New York State?s Legislature, may adopt bills in the nature of ?private law? that apply only to a single individual, group of individuals, or certain political subdivisions of the State. For an example of a ?private bill? introduced during the 2010 Legislative Session see A1598 Zebrowski ? which would authorize Beth Barsamian to receive an ordinary death benefit of her daughter, Lauren Barsamian.

Full post as published by New York Public Personnel Law on July 19, 2010 (boomark / email).