HR Fact or Fiction: You Guess, We Decide.

Fact or Fiction? 

If federal, state, and local laws conflict on an issue, the employer gets to choose which one to follow—the Employer's Choice rules!

Wouldn't it be great if the employer could choose which law to follow? Power to the employer! 

While that sounds nice, that methodology can get employers into a heap of trouble. 

When federal, state, and local laws are not in lockstep, employers must "generally" follow the one most generous to the employee or provides the employee with the greatest protections. For example, an hourly employee covered by the federal, state, and local minimum wage, would be entitled to the highest minimum wage among the three. By the same token, if a state and city both have a paid sick leave law, the employer needs to comply with the law giving the employee the richest benefit.

Tricky but not so tricky at the same time. If any additional questions come up or clarification is needed, the SimplyPEO team would be glad to help.