Dish Networkan employee sued for wrongful termination after he tested positive for marijuana. The plaintiff is a quadriplegic who used medical marijuana outside of working hours. Brandon Coats was a registered medical marijuana user, accessing the product in a manner consistent with state constitutional guarantees and state statute. This week, the Colorado Supreme Court ruled against Mr.
Lover of music, travel, and everything art related State vs. Who Really Holds the Trump Card? If a state law gives people more rights than a federal law, the state law is legally supposed to prevail. This means state law will always supersede federal law when the person in question stands to gain more from the state law, right?
Yes, you may say, "Well they are. There are two basic levels in the U.
A federal law applies to the nation as a whole and to all 50 states whereas state laws are only in effect within that particular state.
The law that applies to situations where state and federal laws disagree is called the supremacy clause, which is part of article VI of the Constitution.
The supremacy clause contains what's known as the doctrine of pre-emption, which says that the federal government wins in the case of conflicting legislation. Basically, if a federal and state law contradict, then when you're in the state you can follow the state law, but the feds can decide to stop you.
When there is a conflict between a state law and federal law, it is the federal law that prevails. For example, if a federal regulation prohibits the use of medical marijuana, but a state regulation allows it, the federal law prevails.
Confused as to what really happens when state and federal laws clash? Let's take gay marriage for instance. The Supreme Court recently announced that it would be hearing two cases involving same sex marriage, both of which have implications for states' rights to recognize same sex marriage.
The decisions will almost certainly effect what role states can play in recognizing same sex marriage. Even President Obama has said that states and states alone should decide whether same sex marriage is legal within their borders. As of now there are 17 states that recognize same-sex marriage and 33 states that have a ban against it.
So, does federal law recognize same-sex marriage? The federal government must now recognize valid same-sex marriages according to the U.
Supreme Court's June 26, decision in U. This decision cleared the way for same-sex married couples to receive federal benefits. Yet not all facets of the federal government adhere to that. The IRS recognizes same-sex marriage as married under all federal tax provisions where marriage is a factor.
The Social Security Administration however, only recognizes marriages that are valid in the state where the couple lives for the purposes of granting federal benefits. This means if you're in a same-sex marriage but live in a non-recognition state, you aren't eligible for Social Security benefits on your spouse's work record.
Lets move onto my favorite subject, pot. At the federal level there is the Controlled Substances Act, which classifies marijuana as a Schedule I substance.
This act considers pot to have a high potential for dependency and no accepted medical use, making distribution of marijuana a federal offense.
In October ofthe Obama Administration sent a memo to federal prosecutors encouraging them not to prosecute people who distribute marijuana for medical purposes in accordance with state law. So what happens when you get caught with the green bud in a state that allows it for now let's say medicinally?
We can look at the case of Gerald Duval Jr. Duval claims he is on the frontlines of the war over medical marijuana. Michigan, Duval's home, allows the farming and use of medical marijuana. Now, he will soon serve a year prison sentence for breaking the U.
How can this even be fair? Well, this my friends is how I see it Regress back into your childhood and think of your father as the state law and your mother as the federal law.
You want to go to a party and stay out a little later past your curfew. Your father state says yes but your mother federal says no. Who ultimately has the final say?DOL Home > WHD > State Labor Laws Wage and Hour Division (WHD) State Labor Laws.
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Minimum Wage Laws in the States; Minimum Wages for Tipped Employees; State Child Labor Laws. Employment/Age Certification; Non-farm Employment;. Local government workers must ensure their actions comply with federal, state and local laws.
State government workers operate within federal and state laws. Federal workers perform their duties within the confines of the U.S. Constitution and federal laws. Jan 01, · Untitled Essay, Ting Ting Cheng; Responding to the immigration- employment Colorado state law, Tony Milo, executive director of the Colorado Contractors Association said, "We've now got this complex web of state and federal regulations that sometimes conflict with each other." there is a conflict between both state and federal law .
Read this Business Essay and over 88, other research documents. State V Federal: A Comparison of Employment Law. State v Federal: A Comparison of Employment Law Jack Amore University of Phoenix Employment Law /5(1).
Federal employment laws usually state a minimum threshold requirement for employee rights and workplace disputes. State laws must abide by these federal guidelines, and many states usually adopt some form of an existing federal statute.
In cases where an employee is subject to both state and federal minimum wage laws, the employee is entitled to the higher minimum wage. For example, the minimum wage in Arizona is $ (as of November 15, ), so a non-exempt employee in Arizona would have .