Which state law wins?

swynia

I am working on revising sections in my employee handbook. My corporate office is in Minnesota, but we have locations in other states. Does the state law in the state where you are based win out on policy or do you need to incorporate the differences of the other state laws?

LarryC

My experience has been that the state laws where the facility is located will govern unless, of course, the federal laws covering the same thing are more lenient. I speaking striclty of employment laws and not corporation laws.

pork1

You must have company policy and procedures that fit within the confines of each state law. Thank goodness that our laws typically follow the Federal law as written. However, if we had a farm located in CA we would probably have an employee Handbook for each and then abide by the handbook that supports the events in CA.

PORK

E Wart

You go by the state where the employee is physically employed. Also you use the federal law (if there is one) unless it is over run by the state law (if state is more liberal state wins.)
You can create separate handbooks for each location if you really want (and in some situations this is best (like CA.)) Or, you can make a very "vague" statement where the laws differ that say "you abide by the prevailing law" and just don't spell it out. Then you have to instruct each location as to what the law is or include an "insert" for the locations where the law is different.
Have fun. Make sure reviewed by an attorney before releasing.
E Wart

Parabeagle

Ditto everyone else. You must observe the law in the state where the employee is located unless, as previously mentioned, federal law is more advantageous to the employee.