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Roles Of State & Federal Governments In Employment Regulation

1724 words - 7 pages

Roles of State & Federal Governments in Employment Regulation

Angela McIntosh

Sullivan University

Employment Law

HRL404

Abstract

This paper will provide an overview of the State and Federal regulations in employment and discuss relevant employment regulations. The findings will explain on how in today work environments that the business climate of companies seem to subject to a wide variety of laws and regulations. With these components in dealing with the regulated in benefits for employees that has become a particularly crucial issue in the past several years. State and Federal regulations play a large role in how a company ...view middle of the document...

These laws ensure that those workers that evidence against the wrong doing of their employees are not discriminated. (State & Federal Governments in Employment Regulation)
State laws can go beyond or exceed federal laws requirements or can meet minimum legal requirements. However, the state cannot require any state laws that conflict, are in conflict, or are against any federal laws. A case in point is a collection of cases which has caused difficulties and concerns the impact of federal labor laws on state power to preside over management-labor relations and created the National Labor Relations Board (NLRB) to carry out such policy.

The labor and employment law define US workers’ rights and protects employees from employers' retaliation for exercising our rights under the laws or reporting violations to the proper authorities. As Bennett and Hartman explain, these laws "…seek to make the power relationship between employer and employee one that is clear and equitable" (Employment Law for Business, pg. 88). Employers have to adhere to these basic laws to keep out of court. In this federal and state systems of government differ in their industry of employment. The responsible for determining what role the state law was supposed to do on management-labor issues. Initially, the court was required to determine whether the state regulation was in direct conflict with existing federal laws. Federal regulations are created through a process known as rulemaking. By law, federal agencies must consult the public when creating, modifying, or deleting rules in the Code of Federal Regulations. This is an annual report that lists the proper and full line of federal agency regulations.

Once an agency decides that a regulation needs to be added, changed, or deleted, it typically publishes a proposed rule in the Federal Register to ask the public for comments. After the agency considers public feedback and makes changes where appropriate, it then publishes a final rule in the Federal Register with a specific date for when the rule will become successful and enforceable. When the agency issues a final rule for comment, it must describe and respond to the public comments it received.

The State governments have also passed laws that prohibit discrimination. Moreover, most of the states have enacted laws that supplement the federal laws that have been discussed above. Most states offer wider base to the interest of the workers. For example, California has passed The Fair Employment, and Housing Act that protects workers in that state against discrimination based on age, ancestry, color, creed, disability, national origin, race, religion, sex, transgender, medical condition and sexual orientation. In general, the states have acted to make the laws addressed by the federal regulation more accurate.

The practical implication of this legislation is that minimum wages have to be paid to employees so that they match the prescribed hourly rate. No business...

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