Employment Laws: Federal and State Systems of Government

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This response is also attached, which has active links for easy referencing (see 215073.docx). I also attached an overview of federal and state anti-discrimination laws.

RESPONSE:

1. Describe how the federal and state systems of government may or may not differ in their application of employment laws.

Labor laws typically deal with employer-union relationships. Employment laws typically deal with employer-employee relationships. Labor laws are the term most commonly used when generally referring to employment, labor and employee rights laws. Federal and state systems of government work together to force employments laws to protect employees, but differ in some applications.

For example, employee rights are protected under both Federal and state laws in the United States. However, Federal employee rights laws mandate only the minimums to which employers in all states must adhere. States are then allowed to create their own employee rights laws that include or expand upon the minimum protections afforded by the Federal laws. Employee rights are protected by whichever law affords the most protection in your state. For example, if your state has its own minimum wage law and it mandates a higher rate than the Federal law, then employers doing business in your state must pay the higher minimum wage. (http://www.legal-database.com/minimum-wage-laws.htm)

There are also Federal and State discrimination laws since the Civil Rights Movement of the early 1960's. These laws protect employees from discrimination based on factors (race, color, religion, sex, national origin, disability, or age) not directly related to the quality of an individual's work (see http://www.eeoc.gov/abouteeo/overview_practices.html, also attached from convenience). Employers are responsible for understanding anti-discrimination regulations to ensure employees are protected from discrimination and harassment on the job. In addition, employers must keep records to report to the federal government organization of EEOC.

The Federal and State governments work together in enforcing these laws. If the complaint ...