Employment Laws: 50-State Surveys
Three levels of laws govern the employer-employee relationship. First, federal laws apply to employees in all states. These include Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act, the Fair Labor Standards Act, and the Family and Medical Leave Act, among other laws. Federal laws function as a floor for employee rights. Any other laws that apply to employees may only provide additional rights and cannot take away rights granted by federal laws. However, not all federal laws apply to all employers and employees. For example, Title VII applies only to employers with 15 or more employees.
The second level of laws is the state level. State laws may extend the coverage of federal laws to a broader range of employers and employees. For example, many state anti-discrimination laws cover employers with fewer than 15 employees. In other cases, state laws may cover areas that are not covered by federal laws. For example, many states protect the right to take leave for jury duty or to vote in elections.
Protections for employees vary widely by state. Thus, Justia has compiled 50-state surveys on several topics involving workplace rights:
- Employment discrimination
- Meal and rest breaks
- Family and medical leave
- Paid sick leave
- Vacation time
- Jury duty leave
- Voting leave
- Drug testing in the workplace
- Social media privacy in the workplace
- Minimum wage
The third level of laws is the local level. Cities and counties may provide protections even more generous than those provided by federal and state laws. Like state laws, local laws vary widely and can contain complex nuances. An employee may want to consult an employment lawyer if they have a question about whether they may be covered by a local law.