By Bill Swan, Principal Consultant
As HR professionals, navigating a web of HR laws at federal, state, and local levels can be overwhelming, especially when quick answers are needed. You might encounter situations where multiple regulations seem to apply, leaving you wondering, which law takes precedence? Add to that the pressure of colleagues seeking immediate solutions, and it’s easy to feel stressed. At FIT HR, we understand the challenges organizations face in maintaining compliance and reducing legal risks. Let’s explore the hierarchy of laws and how they work and how they work together to provide a clearer path for HR professionals.
The hierachy of HR laws
International Law
International law governs relationships between countries and comes from treaties, customary practices and international court decisions. While not directly enforceable within the United States, it can significantly impact domestic policies, through either treaty ratification, executive agreement approved by the Senate, or is found to be customary from a sense of legal obligation.
Federal Law
Federal law applies nationwide and is enacted by the U.S. Congress to address key issues including immigration, taxation, and national security. Federal laws take priority over conflicting state or local laws, making it the most critical for HR professional to understand.
State Law
State laws apply within a specific state and govern matters not explicitly delegated to the federal government, such as education, marriage, and property law. The state laws must comply with federal standards.
Local Law
Local laws are specific to cities, counties, or municipalities and address local matters such as zoning, building codes, and traffic regulations. These laws must comply with both federal and state laws.
Key Differences Between Levels of Law
The key distinction between these levels of law lies in jurisdiction. Federal laws apply to the entire country, state laws govern individual states, and local laws are limited to cities or regions. Each level of law governs different subject matters. Federal laws regulate national issues like interstate commerce, state laws cover intrastate commerce, and local laws focus on city, county, or region within its defined area.
In essence, these levels of law work together to create a comprehensive legal framework that governs individuals and businesses. When a conflict arises between laws at different levels, the “higher” law generally takes precedence. HR professionals must be adept at identifying jurisdictional differences to minimize legal risks.
How HR Professionals Can Navigate Legal Conflicts
When conflicts arise between laws, the general rule is that “higher” law takes precedence. For instance, federal law typically overrides conflicting state or local laws.
HR professionals should prioritize federal law when faced with a conflict between federal, state, and local laws. Consulting with legal counsel is highly recommended when conflicts arise or when clarity is needed. Legal experts can provide specific guidance on navigating conflicts and ensuring compliance with all applicable laws. Additionally, staying informed about legal changes in employment laws at all levels is also important. Regularly attending workshops, subscribing to legal updates, and investing in professional development sessions can help HR teams stay ahead of legal changes and avoid compliance risks.
Why Understanding the Hierarchy Matters
By understanding the hierarchy of federal, state, and local laws, HR professionals can reduce legal risks and maintain smooth operations within organizations. Prioritizing compliance with federal law while respecting state or local requirements ensures your organization remains legally secure.
At FIT HR, we specialize in helping organizations navigate these challenges. Whether you need guidance on federal compliance, state-specific policies, or local law nuances, our team is here to support you. Contact us today to learn how we can enhance your HR operations and help your organization thrive.