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SCOTUS: CA Workplace Reg's Overstep Federal Law

July 27, 2018


WASHINGTON, DC:  Today, SLF joined NFIB Small Business Legal Center in asking the U.S. Supreme Court to grant certiorari in Emerson Electric v. Superior Court and overturn the troubling decision from the California Supreme Court.


The case is about federalism (the limits of federal power) and preemption principles. In short, the federal Occupations and Health Safety Act (OSH Act) preempts state regulation of workplace health and safety issues where there is already a federal standard in place. Congress permits states to implement their own regulatory plans, but all state plans must be approved by the U.S. Secretary of Labor. This ensures that the regulated community is afforded an opportunity to publicly comment on proposals and prevents states from side-stepping the Administrative Procedure Act. SLF and NFIB ask the Supreme Court to take this case because California is imposing supplemental penalties on businesses without first obtaining approval from the U.S. Secretary of Labor and is stacking these penalties on top of already imposed federal penalties.


Click here for SCOTUS amicus brief

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