Federal and State Employment Law

Paper Summary:

"This paper reviews the differences and similarities between federal and state employment law on several issues, such as workers' compensation and drug testing. The author points out how the different systems developed. The paper notes how each law may apply to different sets of employees and how different issues may be involved.

From the Paper:

"Workers are protected by different aspects of employment law covering everything from proper hiring procedures to employee protection and provision for retirement. Employment law involves both federal and state statutes, and the two may offer differing degrees of protection in some cases. Generally, federal law stands above state law, but states can usually provide more protections than does the federal system so long as state law does not undercut or alter the meaning of federal law. The distinctions can be seen in laws to protect employees, such as those covering workers compensation for on-the-job injuries, and for some requirements placed on employees, such as those for drug testing. Workers' compensation is a form of government-mandated insurance program for those employed in a given state, and there are workers' compensation programs in every state as well as at the federal level."

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