When Two Worlds Collide
The United States House of Representatives voted recently to amend the Fair Labor Standards Act to allow private sector employees to have the option of choosing between overtime pay and comp time.
Whether that bill sees the light of day or not after review in the U.S. Senate, it should serve as a reminder that Vermont employers have two masters and they need to serve them both.
Vermont employers must comply with applicable federal laws and regulations, as well as applicable Vermont laws and regulations.
When these two worlds collide, i.e. when federal and state laws impose different requirements upon an employer, the rule of thumb is that employers need to conform their practices to the more onerous provisions. Nonetheless, a company specific analysis should be conducted.
Employers who are having trouble sorting out how to deal with overlapping laws are urged to consult with an employment law attorney.