In yesterday’s Advisor, we presented a checklist of the critical areas to where state law often differs from federal. Today, guidelines on how state laws differ plus an introduction to the complete state law guide, “The 50-50.”
When considering state law requirements, employers should be on the lookout for the following types of differences:
Different Coverage Rules
State laws often differ from the federal in the following ways:
- Size of employer. Many states apply laws to smaller organizations than federal laws apply to.
- Additional protected employee classifications. Most states have some additional protections, for example, sexual orientation and gender identity; use of lawful products (often smoking); genetic, AIDS, or Sickle Cell trait testing; arrest ,conviction, and military records; and marital status.
- Expanded federal definitions. For example, several states have expanded the definitions related to age discrimination to protect workers younger than 40.
Expanded Rights
In other cases, state laws provide benefits beyond those called for in federal laws. For example, many provide additional benefits to servicepeople.
Another example is in the area of protected leaves of absence. Many states have leave laws that go beyond the federal Family and Medical leave Act. Leaves may be available for pregnancy, birth and adoption; crime victims;
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As far as expanded rights in the wage/hour area, remember that the federal law does not regulate meal or rest periods, does not require overtime other than over 40 hours a week, nor does it require vacation or severance pay. Most states do have at least some laws in these areas, and most also have their own minimum wage laws.
As attorney Camille Olson (of the Chicago office of Seyfarth Shaw) notes:
- Don’t forget to check federal, state and other laws when preparing policies and procedures or before taking action against an employee.
- Be especially careful of other jurisdiction laws, such as local laws.
- Be sure that you are applying all applicable jurisdictions’ laws in each case.
- Think through which laws take precedence.
That’s all well and good, but where are you going to find out about all these laws?
We asked our editors and they came up with a quite astounding product—the “50-50.” 50 Employment Laws in 50 States. Now you can INSTANTLY discover your legal obligations under the 50 most important employment laws … in each of the 50 states.
50 Employment Laws in 50 States, 2011 Edition is the revolutionary guidebook that puts ALL the most need-to-know employment law information—for each of the 50 states—right at your fingertips.
Imagine the time and frustration you’ll save with this authoritative, instant-information reference. In just seconds, you’ll zero in on the precise information you need whenever you must:
- Create a new policy
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- Audit your procedures
- Support recommendations to senior management
- Advise colleagues at field offices, branches, and stores
- Stay comfortably up-to-date with increasingly complicated state employment laws
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With 50 Employment Laws in 50 States, 2011 Edition, you get the exact guidance you need whenever you need to understand ANY state law concerning:
Family and medical leave |
Health insurance continuation |
Employment at will |
To make sure your 50 Employment Laws in 50 States remains up to date, we closely monitor changes in employment law in all 50 states. Each year we’ll rush you a replacement edition on a 30-day-review basis, and bill you at the then-current rate. You pay only if you decide to keep the update.
Get fast answers with this chart-based, 50-state reference guide. Includes all corresponding regulations, statutes, and court cases so you can easily find the source documents if you need to.
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