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Expert Analysis

The Art Of Using Preemption To Defend Wage-And-Hour Cases

By Michael Giambona (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?  ...

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