If you’ve ever tried to understand how laws work in the U.S., you probably realized it’s not as straightforward as reading one rulebook. Instead, there are layers of laws: federal, state, and local — and they don’t always say the same thing. From employment regulations and safety codes to housing laws and business permits, different levels of government might offer overlapping, or even conflicting, rules. So how do you know which one to follow?
The general rule: When in doubt, follow the strictest law — or the one that gives the most rights. Let’s break down why that is, and how to practically approach it when learning and applying the law.
1. Understanding the Legal Hierarchy
The U.S. operates under a system of federalism, meaning there’s a division of powers between the national (federal) government and state governments. On top of that, local governments (like counties and cities) can also pass laws that apply just in their jurisdiction.
Here’s a simple hierarchy:
- Federal Law – Applies to the entire country
- State Law – Applies only within that state
- Local Law – Applies within a specific city, county, or town
Each level of government can make its own laws — as long as they don’t violate the Constitution or conflict with a higher-level law in a way that’s prohibited.
2. When Laws Overlap or Conflict: Which One Do You Follow?
Here’s the key principle: Follow the law that is most protective or strict — especially when it comes to compliance.
Example:
- Federal minimum wage is $7.25/hour.
- Your state sets a minimum wage of $12/hour.
- Your city sets it at $15/hour.
You must pay at least $15/hour, because that’s the highest requirement.
This concept applies not just to wages but also to workplace rights, tenant protections, anti-discrimination laws, environmental regulations, and more.
3. Strict vs. Lenient: It’s Not Always About “Harder,” But “More Protective”
It’s important to understand that “strictest” doesn’t always mean “more difficult” — it can also mean “more generous” to the individual or more detailed in how a rule must be followed.
For instance:
- A federal law may say employers must give 12 weeks of unpaid family leave.
- A state law may say employers must give 16 weeks or some paid leave under certain conditions.
You follow the state law, because it offers more benefit to the employee.
So whether you’re a business owner, HR manager, or just trying to stay compliant — the best practice is to go with the rule that either:
- Gives more rights to individuals, or
- Holds you to a higher compliance standard.
4. Why Cities and Counties May Have Different Rules
Local governments often tailor laws to the specific needs of their communities. Urban areas might have tighter environmental regulations or stricter building codes than rural towns. Some cities implement rent control, plastic bag bans, or curfews — while others do not.
Local laws can also change quickly, so it’s important to regularly check city or county websites for updates, especially if you operate in multiple locations.
5. How to Learn and Keep Track of the Layers of Law
Start from the top down:
- Learn the federal law – This sets the baseline across the U.S.
- Look at your state laws – These can expand or clarify the federal rules.
- Drill down into city or county ordinances – These can add even more specific requirements.
When applying the law, always ask:
- “Is there a stricter or more protective rule at any level?”
- “Which law gives the individual more protection or rights?”
- “Is there any conflict — and which one controls?”
6. Who Should Follow This Practice?
This approach is critical for:
- Employers and HR departments
- Landlords and property managers
- Business owners and contractors
- Educators and compliance officers
- Anyone operating across multiple cities or states
Ignoring stricter local or state laws can lead to lawsuits, fines, or worse — even if you’re following federal law.
Conclusion
Understanding laws isn’t just about memorizing rules — it’s about knowing how they layer. Federal law may give you a foundation, but state and local laws can raise the bar. Whether you’re writing a policy, opening a business, or hiring a team, the safest route is to follow the strictest standard or the one that gives the most protection. It’s not just legally sound — it’s ethically wise.
Need help staying compliant across locations?
Consider consulting a legal advisor or compliance expert, especially if your operations cross state or city lines.
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