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Labor law v Federal Law

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  • Labor law v Federal Law

    Could anyone give me some examples of State laws that are different then Federal Laws? I live in the state of California.

    Thanks

  • #2
    examples?

    well, in NJ our FMLA state version only applies for caring of other family members but not yourself. Federal FMLA is for serious medical condition or birth/adoption by other family members or yourself.

    In NJ, our anti-discrimination statute recognizes sexuality, marital status, and disease status (hiv/hepatitus/etc.) as protected classes whereas the feds do not.

    Again, in NJ, we recognize alcohol/drug addiction as a disease/disability, where I believe the feds do not under the ADA, although both are udner a state of flux on that one. And obesity is an issue which may or may not apply in one but not the other.

    Yet more, in NJ our DOL has a different viewpoint on what qualifies as "working time" than the Fed FLSA (think of chicken coop cases where under the fed flsa, certain prep time for changing uniforms or etc. is not compensatory time), although again, this is highly fact sensitive and in a state of flux.

    Those are to give examples, and while some are written into the laws themselves, others are established through judicial decision based upon our state's constitution.

    hope it helps for whatever purpose you want.

    curt j.

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    • #3
      More California vs. Federal examples:

      Minimum wage-Federal is $5.15; California is $6.75

      Overtime for Federal is over 40 in a workweek
      In California, there is a daily overtime requirement, and a double time requirement for over 8 hours on the 7th consecutive day worked in the work week.

      Federal law does not require vacation be paid out at termination; California does.

      There are a lot more. Do you have specific questions?
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #4
        Originally posted by norton
        Could anyone give me some examples of State laws that are different then Federal Laws? I live in the state of California.

        Thanks
        I live in Indiana could anyone help with some examples of state lawas that are differen then federal laws? Thanks Carol Bunch

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        • #5
          Can you narrow down what laws you are looking at specifically? There are lots of laws that I'm sure are different and we could try to list them but it is easier if yo utell us what you are looking for rather than an all call on laws that may differ.
          I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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          • #6
            It sounds like we're doing people's homework again.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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