29.10.2019 07.55 CST

Employers need to develop strategies for dealing with state/federal tug-of-war over regulatory authority.

The (Individual) States of America vs The United States of America

The (Individual) States of America vs The United States of America

The states and the federal government are engaged in a tug-of-war over the ability to issue rules affecting key HR and benefits matters. This is a game with no winners.

There is an ongoing conflict between the federal government and individual states over benefits and HR policies--with states seeking to fill gaps left by the federal government and the federal government claiming that the state initiatives are preempted.

12.03.2018 05.31 CST

The past year has seen a number of new state and local laws covering a range of benefits-related areas. However, this legislative and regulatory patchwork has a down side for employers, who may find it increasingly difficult to deal with complying with the requirements of multiple jurisdictions.

The New Federalism: Employee Benefits in the Laboratory

The New Federalism: Employee Benefits in the Laboratory

In the federal system, states can serve as “laboratories” for different policies. It appears that the benefits and HR community have become the guinea pigs of choice as the state “laboratories” have attempted to push back at the policies (or lack thereof) emanating from Washington, D.C.

The past few years has seen a number of new state and local laws covering a range of benefits-related areas. In part, this activity can be attributed to pushback at the policies (or lack thereof) emanating from Washington, D.C. And, we can anticipate an increase in such activity in the coming years. However, state and local activism can have some unintended (and undesirable) consequences.