So how does that work if an employer in a state where they are enforceable hires a remote worker in California, and later tries to enforce that agreement by suing in a court in the employer's state? Are the choice of law rules in that state going to say California law applies?
I know that when a company in state X has a remote worker in state Y generally Y's employment law applies as far as things like minimum wage, paid leave requirements, and such. But those are things that the employer must do upon or after the employer/employee relationship is established.
The employment contract is a contract between two parties that are not yet in an employer/employee relationship so I'd expect state Y's claim that its laws govern would be unclear.
