Research articles related to HR responsibilities in the implementation of state laws that are distinguishable from federal Laws. (e.g., right-to-work, benefits like vacation pay, minimum wage, and others).
Identify a particular federal law and related state law.
What advice concerning these laws would you provide if you were an HR professional advising top executives who had employees in different states and possibly other countries?
Sample Answer
Research Focus: HR Responsibilities in Implementing State vs. Federal Laws
HR professionals face significant complexity when state laws impose requirements beyond or different from federal mandates. Key areas of distinction and corresponding HR responsibilities include:
Right-to-Work Laws:
- Federal Law (National Labor Relations Act - NLRA): Governs union organizing and collective bargaining. Allows "union security clauses" in contracts, meaning employees in unionized workplaces can be required to join the union and pay dues/fees as a condition of employment.
- State Laws (Right-to-Work - RTW): Enacted in ~28 states. Prohibit union security clauses. Employees in unionized workplaces cannot be compelled to join the union or pay dues/fees as a condition of employment.
- HR Responsibilities:
- Policy & Communication: Develop and communicate clear policies consistent with the specific state's RTW status (if applicable). Ensure union agreements comply with state RTW provisions.
- Onboarding: Accurately inform new hires in RTW states of their rights regarding union membership and dues payment.
- Payroll Administration: Correctly process payroll for union members in non-RTW states (deducting dues) and ensure no deductions are made for non-members in RTW states without explicit authorization.Research Focus: HR Responsibilities in Implementing State vs. Federal Laws