How to Stay Compliant with State vs. Federal Labor Laws: A Contractor’s Guide

As a contractor, juggling different labor laws can be a challenge, but it’s crucial to get it right. Federal laws give us the basic rules, but state laws can add extra layers. Here’s a simple guide to help you manage these complexities.

Getting the Basics Right: Federal Labor Laws

Federal labor laws are like the foundation—every contractor needs to follow them. These laws cover things like prevailing wage, overtime pay, and worker rights. For instance, the Fair Labor Standards Act (FLSA) ensures that all workers get paid fairly and on time. If you’re working on federal projects, the Davis-Bacon Act kicks in, requiring you to pay your workers the prevailing wage in the area. Think of these laws as the minimum standards you need to meet no matter where you’re working in the U.S.

State Labor Laws: The Extra Layer

Now, states can—and often do—set their own labor laws that can be more strict than the federal ones. For example, while the federal prevailing wage might be one amount, your state could require a higher wage. The same goes for overtime rules and paid sick leave. It’s important to know these specifics because ignoring them can lead to fines or legal trouble.

What to Do When Laws Differ

When state and federal laws don’t match up, the rule that offers more protection to workers usually takes precedence. For instance, if your state’s prevailing wage is higher than the federal rate, you’ll need to pay the higher amount. This applies to other aspects, like overtime pay, too. Always go with the more protective rule to stay compliant.

Here are some practical steps to help you stay on top of labor law compliance.

1. Keep Yourself Informed: Laws can change, so it’s crucial to stay up-to-date. Regularly check for updates, subscribe to industry newsletters, or talk to experts.

2. Good Record-Keeping: Detailed records of hours worked, wages, and benefits are your best defense in case of an audit.

3. Use a Checklist: Have a checklist that covers both state and federal requirements, and review it regularly to ensure compliance.

4. Seek Help When Needed: If you’re unsure, don’t hesitate to consult with a labor compliance expert. They can guide you through the complexities and help avoid costly mistakes.

Understanding and following labor laws is no small task, but you don’t have to do it alone. At Public Works Consultant, we specialize in helping contractors like you navigate the maze of state and federal labor laws. 

Whether you’re a small family business or a large corporation, we offer full-service labor compliance support tailored to your needs. Contact us today for a free consultation, and let’s ensure your business stays compliant and focused on what you do best—building great projects.