Know the Labor Laws That Apply to Your State
Whether your company employs people in one state or several, you need to know and understand the specific labor laws that apply in that particular state or states. Failing to recognize and abide by slight variations in state laws can get your company in legal hot water. Here are some key issues surrounding state labor laws.
State Child Labor Laws Are Not Created Equal
The Fair Labor Standards Act (FLSA) sets wage, hours worked, and safety requirements for minors (individuals under age 18) working in jobs covered by the statute. The rules vary depending on the age of the minor and the job involved.
Each state has its own laws relating to the employment of minors. If state law and the FLSA overlap, the law which is more protective of the minor will apply.
State Collective Bargaining And Labor Arbitration Laws
Collective bargaining, which involves negotiations between groups of employees and their employers to establish conditions of employment, is covered by federal and state statutory laws. The legal body governing collective bargaining is the National Labor Relations Act (NLRA). Where federal and state laws overlap, state laws are preempted.
State labor laws govern collective bargaining and can enforce collective agreements. State laws may also provide guidelines for employers and employees that are not covered by the NLRA.
Grievances Are Not Treated the Same Way In All State Labor Laws
Grievances are usually thought of as the way for recognized unions and employers to settle their disagreements. Virtually all collective bargaining agreements have some type of grievance procedure language. However, these types of agreements are not for the exclusive use of unions.
Many states provide for the settling of disagreements between employer and nonunion employees through arbitration or mediation. Also, many states distinguish between public and private employees and provide a different method of settling grievances for each.