Human Resource Blog

Maine State vs. Federal Law

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

Many employers in Maine have faced the same question. Federal law versus state law can be confusing, and many assume that federal law always wins. That’s not correct.

Employees who are covered by both federal and state law should receive protection from the law which provides the larger benefit to that worker.

Let’s look at an example outside of Maine. When an employee has logged over 1,250 hours over the previous 6 months at one company, that worker is eligible for leave under the FMLA, Family Medical and Leave Act. FMLA provides workers with up to 12 weeks of job-protected, unpaid leave to care for a child or a parent, but not for an in-law.

Hawaii has established a similar law, the HMLL (Hawaii Medical Leave Law). Under this law family includes parents, children and in-laws, but only provides 4 weeks of unpaid, job-protected leave.

A worker in Hawaii who wants to take time off to care for his ill father-in-law would not be covered under FMLA. He, would, however, be covered by HMLL, for up to 4 weeks, so the state law applies.

If that same worker had a sick child instead, then FMLA would cover that employee. Both FMLA and HMLL provide time off to care for sick children, but FMLA allows 12 weeks instead of 4 weeks under HMLL. So, the FMLA provides the greater benefit and would apply.

Consider another example, pertaining to wages.

In Washington, an employee of a company that does interstate business is eligible for protection under both federal and state law. State minimum wage in Washington is $7.93 per hour. Minimum wage under federal law is $5.85 per hour. The larger benefit to the employee is the state law with minimum wage of $7.93, so that state law applies.

Kansas is a completely different situation. Minimum wage in Kansas is a mere $2.65 per hour as opposed to the federal minimum of $5.85. For an employee in a Kansas company that vends products across state lines, the federal law would provide a greater benefit, so the federal law applies. JH