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Federal Law Trumps Everything-Except When It Doesn't

Posted: Fri Jan 19, 2018 8:30 am
by Spock
Remember the collective hissy fit everybody had a couple years over ONE county clerk in Kentucky who did not immediately jump on issuing marriage licenses to gay couples.

I am guessing that we are all going to repeat that hissy fit over the California AG thinking that he trumps federal law.

https://www.huffingtonpost.com/entry/ca ... ce7a06f006

Re: Federal Law Trumps Everything-Except When It Doesn't

Posted: Fri Jan 19, 2018 8:44 am
by BackInTex
Another reason to not do business in California. Two choices: go to jail or go to jail.

Re: Federal Law Trumps Everything-Except When It Doesn't

Posted: Fri Jan 19, 2018 9:57 am
by Bob Juch
Spock wrote:Remember the collective hissy fit everybody had a couple years over ONE county clerk in Kentucky who did not immediately jump on issuing marriage licenses to gay couples.

I am guessing that we are all going to repeat that hissy fit over the California AG thinking that he trumps federal law.

https://www.huffingtonpost.com/entry/ca ... ce7a06f006
Under a new state law, “no one — but more specifically, employers — [can] voluntarily give up ... employees’ rights to privacy,” Becerra said. “If you do so, you are subjecting yourselves to fines — up to $10,000 for violations.”
I don't have a problem with that.

Re: Federal Law Trumps Everything-Except When It Doesn't

Posted: Fri Jan 19, 2018 10:49 am
by Bob78164
Spock wrote:Remember the collective hissy fit everybody had a couple years over ONE county clerk in Kentucky who did not immediately jump on issuing marriage licenses to gay couples.

I am guessing that we are all going to repeat that hissy fit over the California AG thinking that he trumps federal law.

https://www.huffingtonpost.com/entry/ca ... ce7a06f006
Not at all. The Kentucky clerk ignored federal court orders. The California law doesn't prevent anyone from complying with a court order. It just prevents employers from releasing employee information to the federal government without a warrant.

That makes a lot of sense. Think about it. An employer who is employing such a person is itself in violation of federal law. So why would such an employer be volunteering this information? As a reprisal against an employee who insists on compliance with labor laws. No law can prevent an employer from threatening such reprisals. But now the employer has a pretty good incentive not to follow through on the threat. --Bob

Re: Federal Law Trumps Everything-Except When It Doesn't

Posted: Fri Jan 19, 2018 10:53 am
by Bob78164
BackInTex wrote:Another reason to not do business in California. Two choices: go to jail or go to jail.
An awful lot of people seem to disagree with you about doing business in California. I think we have more small business start-ups than any other state. It may have something to do with the quality of our workforce. --Bob