Full Answer
Mere overlap on subject matter is not enough to strike down a state statute; it must be impossible to comply with both federal and state law before a federal law overrides a state law. An example of this concept in action as applied to workplace drug testing is the Department of Transportation’s (DOT) drug testing regulations.
Right to work laws vary from state to state but generally most employees working for private employers are covered along with public-sector unions. Workers in the railroad and airline industries are not covered.
Public-Sector Jobs: right to work laws apply to all public-sector unions, so if you work in a state or federal government position, you are no longer obligated to pay union dues to be a part of the union.
Although most employment rights and labor groups are strongly opposed to Right-to-Work laws, proponents argue that Right-to-Work laws simply secure employees’ rights to choose for themselves whether or not to join and/or support a union rather than forcing workers to join as a term of employment.
Other intersections between state and federal laws are even less straightforward. Marijuana, for example, continues to provoke the tension between the two. Technically, state
The Supremacy Clause of the United States Constitution establish es that state laws are subordinate to federal laws and regulations. Put simply, federal law governs state law; however, this is only the case when federal and state laws conflict with one another [1]. Mere overlap on subject matter is not enough to strike down a state statute;
The ADA is a federal law that prohibits discrimination based on disability. Several states have similar state laws that also protect against discrimination based on disability. The ADA includes a provision that excludes the use of illegal drugs from protection from discrimination. As marijuana is illegal under federal law, ...
One such conflict is the Americans with Disabilities Act (ADA). The ADA is a federal law that prohibits discrimination based on disability. Several states have similar state laws ...
With 50 states plus territories, the United States will always be filled with diverse and conflicting laws. Marijuana legalization is one of the most complicated and controversial laws being passed by states currently, and as more legislation is proposed it will continue to push the limits of federal-state conflicts
Rhode Island employers who are not DOT-regulated do not face a conflict of federal versus state laws. Since employers in general are not governed by DOT regulations, it is not impossible for them to comply with both state and federal law. Therefore, state laws prohibiting random drug testing apply to all such employers.
It is impossible for a DOT -regulated employer to comply with both laws, and so federal law (DOT regulation) governs. However, this does not invalidate the state statute for employers that are not regulated by DOT. Rhode Island employers who are not DOT-regulated do not face a conflict of federal versus state laws.