- When do minimum wage and overtime laws apply for workers traveling to different states. :
In the case of minimum-wage or overtime provisions, there usually is no minimum amount of time an employee must work in a jurisdiction to establish eligibility for state-law protections. The laws in the state where the work is performed will generally prevail.
However, exceptions arise where there is no state minimum-wage or overtime law, Then there would be no state-law protections because none exist, but the relevant employees would still be covered by the federal Fair Labor Standards Act (FLSA).
Some states try to extend their reach beyond their borders by applying their minimum-wage and overtime protections to in-state employees working outside of their resident state. Massachusetts, Pennsylvania, Washington and Wisconsin each have case law that favors extraterritorial coverage,.
Other states, however, such as Arizona, Connecticut, Delaware, Minnesota and Nevada, have case law that disfavors such out-of-state coverage.
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