Difference Between Federal And State Employment Laws

Federal and state laws are both used when it comes to employment laws. Which law has more control depends on the specific state. This can seem a bit confusing, but it depends upon various factors and situations that employers determine how these laws are used to regulate their employment practices.

History

Congress has enacted the laws such as The Equal Pay Act, and the Americans With Disabilities Act that govern workplace standards. Many states have either expanded upon these Acts making their own regulations or have adopted these Acts as their own.

Federal Laws

Federal laws apply to all private employers and employment agencies that have at least fifteen employees. Federal laws are generally applied in situations where the state law does not directly address the issue.

State Laws

State laws pass their own family and medical leave legislation, and the employers are responsible for providing their employees with generous entitlements either under the Federal Medical Leave Act or under applicable state law. Under state laws states are free to regulate prevailing wages, even if federal wages standards apply.

Compliance

When the federal and state employment laws differ, employers must comply with the law that is more favorable to the employee. Employers must make sure that they are in compliance with applicable the federal and state employment laws. If they fail to do so this can result to lawsuits, serious fines, sanctions, and punitive damages.

Recommendations

State employment laws may differ from one another. Both employers and employees should become aware of the laws that are unique to their own state in which they live and work. Any questions one may have should be directed to their state Department of Labor.