Human Resource Blog

Kansas State vs. Federal Law

	HR Management
Confidential Employee Folder Confidential Employee Medical Folder Job File Worksheet Folder Daily EEO Applicant Flow Log Workplace Information Sheets Request to Inspect Personnel Files

	Labor Laws
Complete State & Federal Labor Law Posters 1 Year Compliance Protection Plan State ONLY Labor Law Posters Federal Labor Law Posters

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

There’s a general guideline that applies when an employees is covered by both state and federal law: The law that provides the greater benefit to the employee is the law that should apply.

An example in Washington illustrates the rule. In Washington, the state minimum wage is $7.93 per hour. The federal minimum wage is $5.85 per hour. For a worker in a company that sells products in other states, the employee is eligible for protection under both state and federal laws. In this case, the Washington minimum wage of $7.93 per hour provides a greater benefit than the federal minimum of $5.85 per hour, so the state law applies.

The same guideline applies in a Kansas business, too. Minimum wage in Kansas is $2.65 and federal minimum wage is $5.85. An employee eligible for protection under both laws would receive greater benefit from the federal law, so the federal law applies.

Let’s consider another example, this time pertaining to taking leave.

The Family Medical and Leave Act, FMLA, provides an eligible employee up to twelve weeks of leave to care for a family member. To be eligible, the worker must have worked more than $1,250 hours in the past six months. FMLA defines family as parents and children, and the leave is job-protected but unpaid.

Employees in Hawaii are covered by HMLL (Hawaii Medical Leave Law), which provides similar leave to the FMLA. The difference is that only 4 weeks are provided, but under HMLL, family includes parents, children and in-laws.

If a worker in Hawaii needs to take care of her sick father-in-law, she can not take leave under the federal law. Under the HMLL, however, she can take up to four weeks, so the state law would apply as the greater benefit.

If instead, that employee needed to care for a sick child both FMLA and HMLL would cover her leave. Since FMLA provides twelve weeks and HMLL only four weeks, the federal law would be a larger benefit for the employee and would apply.  JH