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Which state law applies when an employee works from one state and the company is located in another?

Although there can be differences based on the state in question and the law at issue, most employment-based laws (such as wage-and-hour, fair-employment and the like) are applied according to the state in which an individual works. Additionally, the applicability of laws such as unemployment compensation and workers' compensation are typically also based upon where the work is performed. For example, if an employee works out of his or her home in Florida and the company is headquartered in Virginia, employment laws and laws relative to unemployment compensation and workers' compensation for the state of Florida would apply.

However, there may be exceptions, and it is always important to read the particular state law to determine whether the provisions regarding "coverage" relate to the employer or the employee, the minimum number of employees required before coverage takes effect and other factors.


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