The Art Of Using Preemption To Defend Wage-And-Hour Cases
Law360 (April 12, 2019, 11:30 AM EDT) -- Preemption technically means situations where federal law displaces state law: a function of the supremacy clause of the U.S. Constitution. Often, lawyers speak of preemption even where it is one federal law displacing another or one state law displacing another. When statutory laws abut or overlap like tectonic plates, which should apply?
As large-scale cases proliferate under federal and state wage-and-hour laws, there is more and more reason to study plate tectonics for potential defenses. Thinking about preemption requires looking beyond the intricacies of the case at hand to broader issues of public policy; applying preemption as a defense requires thinking...
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