How do the federal &state systems of government may or may not differ in their application of employment law?
Public Comments
- Check with Department of Labor-Wage and Hour Division and see what they tell you.
- States are limited by the 14th Amendment, and the Article IV Privileges and Immunities clauses. Federal government is not. In addition, federal laws apply to both the state and federal govts, while state laws obviously only apply within the state. State laws may set higher standards and afford greater protections than do federal laws, and state laws must still be obeyed unless doing so would actually force a violation of federal laws. In other words, if it is possible to follow both state and federal laws, then the state laws are not preempted.
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