Mgt 434 Employment Law State And Federal Systems

1817 words - 7 pages

The law can be tricky business, and labor laws are no exception. Complying with federal regulations does not necessarily mean you are complying with those instituted at the state level, nor vice versa. Most states default to the federal wage and hour regulations, but several states have their own set of provisions. When state regulations differ from The Fair Labor Standards Act (FLSA) regulations, employers must comply with whichever law is more generous to the employee. Although minimum federal standards must be met and enforced, states are capable of making their own legal requirements as they see fit. The main requirement is that these more stringent laws must be deemed constitutional to the residents of that state. In the following paper, we will discuss the impact of Federal and State labor laws, as well as reviewing an example of a state law known as the Texas Payday Law.Federal Labor LawsFederal labor laws typically deal with employer-union relationships and Federal employment laws typically deal with employer-employee relationships. The terms are used interchangeably, with labor laws as the most common usage. Laws are also called statutes and regulations enforce them. The Department of Labor (DOL) enforces over 180 employment and labor laws. It also provides the resources to research employment and labor laws, such as those for, overtime, child labor, minimum wage, and family and medical leave (Federal Labor Law).Acts of congress establish Federal labor laws. Acts that are not Federal labor laws per se, but that do have provisions related to some aspect of employment, are also included. States are permitted to enact and enforce their own employment and labor laws, which include or expand the minimum protections afforded by the Federal laws. The Fair Labor Standards Act of 1938(FLSA) is a landmark act where Federal labor law regulates minimum wage, overtime pay, equal pay and child labor. The FLSA also prohibits employers from retaliating against employees who exercise their rights under the Act, such as reporting employer violations of the Act (whistle blowing). FMLA (Family Medical Leave Act) is another landmark Federal labor law that grants qualified employees up to 12 weeks of medical leave per year to care for themselves or qualified family members, without losing their jobs or group health benefits. The Act does not require employers to pay employees while on medical leave, but some do anyway as a voluntary employee benefit (Federal Labor Law).Title VII of the Civil Rights Act of 1964 is a federal law that prohibits discrimination in employment on the basis of sex, as well as race, color, national origin, and religion. It is said to be "the single most important piece of legislation that has helped to shape and define employment law rights in this country" (Bennet et al, p. 79). It applies to employers with 15 or more employees, including federal, state, and local governments. Title VII also applies to private and public colleges and...

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