National Clothesline

lthough much labor law is federal, each state has laws designed to regulate employment. In fact, there may even be county or city ordinances that affect employment. What follows are a few of the areas states and localities have chosen to regulate.

As most employers know, it is illegal under federal law to discriminate on the basis of race, sex, age, color, national origin, disability, and religion. Most states and many local jurisdictions have their own laws prohibiting such discrimination.

In addition, they add other bases upon which discrimination will not be permitted.

Many states and local jurisdictions prohibit discrimination based on marital status, defined as the condition of being single, divorced, or married. States that have such laws have applied them to situations involving policies against hiring unmarried individuals living with another, single parents, and so forth. They have also been applied to prohibit policies that force coworkers who marry to choose between who will leave and who will remain.

Many states prohibit discrimination based on sexual preference. In fact, some jurisdictions require employers to “domestic partner” insurance coverage as a condition of doing business with the government.

Other bases upon which states and local jurisdictions have prohibited discrimination include military service, education, employment, and personal appearance. In the District of Columbia, it is illegal to discriminate against a person who is unemployed. In some locations, it is against the law to discriminate against workers because they are young; the federal age law protects employees over 40 years old.

Most states make it a crime to discriminate against an employee who is called to serve on a jury or who is lawfully subpoenaed to testify at a trial. In most cases, however, there is no obligation to pay employees for the time off.

Most states have laws regulating the payment of wages, especially upon termination. Contrary to popular belief, when an employee is fired, he normally does not have to be given his paycheck any earlier than the next pay day. Some states, like Massachusetts, require the check to be there when an employee is discharged.

Upon termination, employees normally must be paid all wages owed, including any accrued benefits such as vacation pay. Employers can avoid paying for these benefits in some cases by carefully wording benefit policies to provide for forfeiture upon termination.

Some states prohibit employers from making deductions (other than those required by law) from an employee's paycheck. Consult local laws to determine if there are restrictions that apply to your company.

It should be kept in mind that most states prohibit discrimination against employees who exercise their rights under these compensation laws. If an employee is discharged for filing a claim, that constitutes an abusive discharge under most statutes.

Employers should have a policy for employees who are on extended leaves, including leaves for compensable injuries. That policy should provide that an employee who does not work for the company for any reason for a period of six months (for example) is terminated. In addition, the policy should state for how long an employee's insurance benefits will be paid. Sixty days is common. If you have over 50 employees, however, you must take into account the requirements of the federal Family and Medical Leave Act; some states have their own laws on family and medical leave, such as California.

In sum, employers should consult their local laws to insure the propriety of their employment practices. Failure to do so could be as costly as the failure to take federal civil rights laws into account when making employment decisions.

Frank Kollman is a partner in the law firm of Kollman & Saucier, PA, in Baltimore, MD. He can be reached by phone at (410) 727-4300 or fax (410) 727-4391. His firm’s web site at www.kollmanlaw.com has articles, sample policies, news and other information on employee/employer relations.