Differences in State & Federal Employment Laws
There is no single law of the workplace. Employment laws originate from both the state and federal government, and which law is controlling in a specific state can be confusing. The answer depends on a variety of factors. Federal statutes apply to employers with a specific number of employees, but many states have enacted their own employment laws, which may be controlling, depending on the circumstances.
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Federal Laws
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Federal laws, such as Title VII and the Americans with Disabilities Act apply to all private employers, employment agencies, educational institutions and state and local governments with at least 15 employees. The provisions of the Age Discrimination in Employment Act apply to private employers with 20 or more employees. The federal Equal Pay Act applies to all employers who must abide by the provisions of the federal Fair Labor and Standards Act (FLSA), and the FLSA applies to virtually all employers.
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State Laws
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In recent years, many states have passed their own family and medical leave legislation, and employers must provide their employees with the most generous entitlements under either the Federal Medical Leave Act or applicable state law. States are also free to regulate prevailing wages, even if federal wage standards may apply. Employers are required to comply with the more stringent of the two sources. Many states have also enacted their own discrimination laws.
Compliance
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Employers must be vigilant in making sure that they are in compliance with both federal and state employment laws during all facets of the employment process. Failure to do so can result in fines, sanctions and punitive damages.
Which Law Governs
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When there is a difference between applicable federal and state law, the law that governs is that which is most favorable to the employee. Federal law does not trump state law in the employment area. Even in situations where state and federal law appear to be identical, state law may govern if the state has special compensation laws for employees in a particular industry, for example.
Recommendations
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States may differ from one another regarding employment laws. Employers and employees alike should be aware of the laws unique to the state in which they live and work, and any questions should be directed to their state department of labor, or an attorney knowledgeable in employment law.
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Resources
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