This California wage and hour Law Firm Publication by Epstein Becker & Green, P.C. discusses Verdugo v. Alliantgroup, L.P., in which the California Court of Appeal held that a party seeking to enforce a forum selection clause regarding unwaivable statutory rights (wage and hour claims) has the burden of showing that enforcement of the clause will not diminish any rights under California law. A party can meet this burden by showing that the foreign forum applies California law or provides the same or greater rights as California. The Verdugo decision could be used to prevent California courts from enforcing out-of-state forum selection clauses in restrictive covenant cases.