State and Federal Systems as They Pertain to Employment Law

State and Federal Systems as they Pertain to Employment Law

Introduction

Employment law is defined as “The law, common law and statute, relating to the relationship of employer and employee.” (www.xreferplus.com). It consists of a multitude of Federal and state statutes, regulations as well as case law. Both Federal and State systems are responsible for administering employment law at various levels. Federal employment laws are created in an effort to shift the balance of power from employer driven to a more equitable playing field between employer and employee. State employment laws and regulations are born from existing Federal laws, and often offer up enhancements to such laws. Examples of such enhancements are state laws regarding genetic testing and state minimum wage laws.

Federal Employment Laws

According to the Department of Labor website, Federal employment laws consist of laws ”that guarantee workers’ rights to safe and healthful working conditions; a minimum hourly wage and overtime pay; freedom from employment discrimination; unemployment insurance; and other income.” (http://dol.gov). Some examples of Federal employment laws are, 1) Americans With Disabilities Act of 1990 (ADA), 2) Age Discrimination in Employment Act (ADEA), 3) Consolidated Omnibus Budget Reconciliation Act (COBRA), 4) Equal Pay Act (EPA), 5) Fair Labor Standards Act (FLSA), 6) Family and Medical Leave Act (FMLA), 7) National Labor Relations Act (NLRA), 8) The Occupational Safety and Health Act (the OSH Act), 9) Pregnancy Discrimination Act (PDA), 10) Civil Rights Act of 1866 (Section 1981), 11) Title VII of the Civil Rights Act of 1964 (Title VII)- just to name a few. Our text makes the assertion that Federal employment laws “reflect the reality that employers stand in a position of power in the employment relationship. Legal protections granted to employees seek to make the “power relationship” between employer and employee one that is fair and equitable.” (Bennett-Alexander & Hartman, 2003). State laws must not breach any Federal law, but can broaden the scope and provide enhancements.

State Employment Laws

As stated, state employment law often act as an enhancement to Federal law. An important aspect where state law that differs from Federal is in the area of discrimination. Federal law provides stringent guidelines to employers who have fifteen or more employees. These employers are subject to comprehensive antidiscrimination laws. State laws on the other hand often apply similar antidiscrimination laws to employers that employ just one employee. Consequently, in some states, you could be subject to state civil rights laws yet exempt from federal antidiscrimination laws. Another distinction between state and Federal employment laws is that state law are often broader in scope than federal law. This may result in protection being provided to a wider range of groups than those covered by federal law. There are several other protections provided by state laws that are not covered by any Federal law. Two examples would be laws regarding genetic testing and minimum wage.

State Genetics Employment Laws (California and Others)

One example or a protection provided by state law rather than Federal law is in the area of genetic testing. To date Congress has not passed any legislation that specifically disallows the use of genetic testing in making employment decisions. According to one source, states first addressed the use of genetic information in employment decisions in the 1970s and '80s. This was in response to discriminatory practices that were taking place for job applicants with the sickle cell trait. (http://www.ncsl.org). Today, 33 states (including California) have genetic nondiscrimination employment laws in place. The scope of such laws vary widely. Some have applied laws that prevent employers from