Company Policy Vs State Law: Who Wins?

Company policies can sometimes conflict with state or federal laws. For example, in Ohio, a company policy may supersede state law. However, this is not always the case, and company policies are not always legal. For instance, a company policy may be illegal if it does not pay employees for overtime. Before taking any action, it is recommended that you consult with a local attorney.

Private companies can set rules on their own property

In the US, company policies cannot supersede state or federal overtime laws. Employers must pay employees for every hour worked, and if an employee works more than 40 hours in a week, they must be paid time and a half for every hour over 40. If a company does not follow these laws, they can be sued.

However, companies can find ways to get around these laws. For example, they may fire an employee or start treating them adversely by giving them less or too much overtime or making up false statements about their performance. If you feel that your company is not following the law, you should talk to an employment attorney to understand your options.

Company policies are not above the law

In Ohio, company policies can supersede state law. For example, if a company has a policy that is illegal, such as not paying employees for overtime, they may get away with it. Employees can be fired or treated adversely, such as being given too much or too little overtime, or having false statements made about their performance.

If you are unsure about whether a company policy is legal, it is recommended that you consult with a local attorney, either private or with a non-profit organisation that helps individuals without the means to hire a private attorney.

Companies may fire you for not adhering to their policies

Company policies do not supersede state law. However, private companies have the right to set rules on their own property. For example, a company can set a rule that employees cannot carry weapons on the premises. If an employee breaks this rule, the company can fire them.

In the US, at-will employment laws mean that employees can be fired for almost any reason or no reason at all. However, employees cannot be fired for reasons related to their gender, race, age, or other protected characteristics.

If a company has a policy that is illegal, they may still choose to enact it. This creates an implied contract that the company then has to honour. For example, if a company has a three-strikes rule, they must follow this process before firing an employee. If they do not, this may be an illegal termination.

Employees are generally expected to know their company's policies and may be asked to sign a form saying that they have read and agreed to the employee handbook. If an employee is certain that they did not sign such a form, they may have grounds to challenge a firing. It is recommended that employees consult an employment attorney to better understand their position.

Consult an attorney to understand your rights

Company policies can set rules, but they do not supersede state or federal law. For example, in the US, employers must pay employees for every hour worked and time and a half for every hour over 40 in a week.

If you feel your rights have been infringed, it is recommended that you consult with a local attorney, either private or with a non-profit organisation that helps individuals without the means to hire a private attorney. You can also talk to several employment attorneys via a free consultation to get a feel for what can happen.

If you are unsure about your rights, it is always best to seek legal advice. An attorney will be able to advise you on the specific laws that apply to your situation and help you understand your rights and options. They can also help you navigate the complex legal system and ensure that your rights are protected.

By consulting with an attorney, you can gain a better understanding of your legal rights and options, as well as the potential consequences of any action you may take. They can also help you to review and interpret company policies and employment contracts to ensure that your rights are being respected and upheld.

Exempt employees (e.g. managers) are not always entitled to overtime pay

Company policy does not supersede state law. However, the Supreme Court has held that private companies have the right to set rules on their own property. For example, if a company has a policy that says no carrying to employees, then that is a rule that must be followed.

In terms of overtime laws, unless you are an exempt employee (e.g. a manager), your employer must pay you and everyone else for every hour worked. If you work more than 40 hours in a week, you must be paid time and a half for every hour over 40. However, some companies may try to get around this by firing employees or treating them adversely, such as by giving them less or too much overtime. If you feel that your company is not following state law, you should consult with a local attorney, either private or with a non-profit organisation.

Frequently asked questions