Human Resource Blog

State vs. Federal Law

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I’m confused on which takes precedence, state or federal law. For example, in my state of

Washington, the minimum wage is $7.93 per hour. But, the federal minimum wage is $5.85 per hour. I know the state law applies, but why?

Juggling state and federal laws is confusing for many employers. Many employers assume that federal law always trumps state law…but they are mistaken. It’s easier if you keep a general guideline in mind.

Whenever an employee is covered by both state and federal law, the employee is entitled to protection under whichever law provides the greater benefit to the employee.

In your case, if your business sells products across state lines, your employees would be covered under both the federal and Washington state laws. The federal minimum wage is $5.85 per hour, while the state minimum wage is $7.93 per hour. In this case, the employee enjoys the greater benefit under the state law, so that is the one that applies. The vast majority of employees in

Washington are entitled to be paid $7.93 per hour.

However, in Kansas, the state minimum wage in 2007 is just $2.65 per hour. A business in

Kansas that sells products across state lines would be covered under both the federal and state minimum wage laws. The federal minimum wage of $5.85 provides the greater benefit to the employee, so that is the law that applies. In that case, the employee is entitled to the federal minimum wage of $5.85 per hour.

Let’s look at another example.  

The federal FMLA, or Family and Medical Leave Act, provides 12 weeks of unpaid, job-protected leave to many employees in the U.S., provided they have worked more than 1,250 hours in the past 6 months. The federal FMLA permits employees to take off to care for a parent or child, but not an in-law.

The state law is the Hawaii Medical Leave Law, or HMLL. Under HMLL, employees may take up to 4 weeks of unpaid, job-protected leave to care for a family member who is seriously ill. This includes in-laws, parents and children.

Suppose an employee in Hawaii wants to take time off to care for his mother-in-law, who is seriously ill. In this situation, the employee is entitled to no leave under the federal law, but to 4 weeks of leave under the state law. So, he is covered under the state law.

Now, suppose that the same employee wanted to take time off to care for his seriously-ill child, instead. Both laws provide leave in that case, but the federal FMLA provides 12 weeks, while the state law provides 4 weeks off. So, the federal law provides a greater benefit, and the employee is covered under the federal law.

Just remember that when both state and federal laws apply, the employee is entitled to coverage under whichever provides the greater benefit.