What Happens When State and Federal Labor Laws Differ?
Due to the Supremacy Clause in Article VI of the Constitution, federal law can supersede state laws. However, the tenth amendment of the Constitution also gives some power back to the states to govern themselves. This means that there is often a balancing act between how state and federal laws interact with each other. When it comes to labor laws, states often have more authority to expand the rights of employers or employees. In California, there are several labor laws that expand on the rights of employees already set forth by federal law. This then raises an important question about which law shall be enforced if there is an employment dispute. Below, our Sacramento wage and hour lawyers discuss the