State And Federal Systems Of Government
...Labor and employment laws define US workers' rights and protect s employees from employers' retaliation for exercising our rights under the laws or reporting violations to the proper authorities. As Bennett and Hartman explain, these laws "
seek to make the power relationship between employer and employee one that is fair and equitable" (Employment Law for Business, pg. 88). Employers have to adhere to these basic laws to stay out of court. In this paper I will describe how the federal and state systems of government differ in their application of employment. I will also provide an example of an employment protection that is provided by my state system, but not by the federal system.
State laws can go beyond or exceed federal laws requirements or can meet minimal legal requirements. However, the state can not make any state laws that differ, are in conflict, or are against any federal laws. A case in point is a group of cases which has caused difficulties and concerns the effect of federal labor laws on state power to preside over management-labor relations and created the National Labor Relations Board (NLRB) to carry out such policy. The Supreme Court became responsible for determining what role the state law was supposed to play on management-labor issues. Initially, the court was required to determine whether the state regulation was in direct conflict with existing federal laws. In a case, the Court decided that an order by a state board which ordered a union to cease mass picketing of a factory and from assorted personnel threats was not in conflict with the state law that had not been invoked and that did not touch on some of the union conduct in question. A "Cease and desist" order of a state board implemented a state provision making it unfair labor practice for employees to conduct a slowdown or to otherwise interfere with production while...
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