Human Resource Blog

Nevada State vs. Federal Law

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I’m confused on which takes precedence in Nevada, state or federal law. I know the state law applies sometimes, and not at others, but why?

The question of federal or state law can be confusing for many employers in Nevada. The general assumption is that federal law always takes first priority, but that’s not the case.

When faced with this dilemma, just remember that a worker who’s covered by both state and federal law is entitled to the law which provides the worker with the best benefits.

To illustrate, consider an example from Washington. In a company which sells it goods in other states, both Washington state and federal laws cover that company’s employees. Washington state minimum wage is $7.93 per hour, as opposed to the federal minimum wage of $5.85 per hour. Clearly, the employee enjoys increased benefit from the Washington state law.

The other side of the coin exists in Kansas. State minimum wage in Kansas is only $2.65 per hour. A company doing business interstate is covered by both federal and state minimum wage. In the case of a worker in this Kansas business, the greater benefit would come from the federal minimum wage of $5.85 per hour.

The use of FMLA, the Family and Medical Leave Act provides another example of state versus federal. FMLA allows employees who have worked over 1,250 hours in the past 6 months to take up to 12 weeks of unpaid, job-protected leave. Family in this case refers to children and parents, but not in-laws.

In Hawaii, the HMLL (Hawaii Medical Leave Law) allows employees to take up to 4 weeks of unpaid, job-protected leave for an ill family member. Family, according to the HMLL includes parents, children and in-laws.

An employee in Hawaii who needs to care for an ill mother-in-law wouldn’t be entitled under the federal FMLA. Under the state’s HMLL, however, the worker could take up to 4 weeks, so the state law applies.

If you consider the same employee in Hawaii, and instead of the mother-in-law needing care, the worker’s child is ill, then the federal FMLA would apply. The federal law is the greater benefit, because it provides 12 weeks instead of the 4 weeks provided by HMLL. JH