State enacts law requiring all companies contracting

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Reference no: EM133811192

Question

Consider the following hypothetical scenario: A state enacts a law requiring all companies contracting with its government to include specific terms that protect local workers, such as minimum wage requirements and paid sick leave. However, a federal law already exists that regulates labor standards for government contractors at the national level, setting different requirements for wages and benefits.

An out-of-state contractor enters into a contract with the state government but argues that the state law is preempted by federal law. The state claims its law is supplementary and doesn't conflict with federal standards. The contractor brings the issue to court, seeking to invalidate the state law.

1. Which forms of federal preemption (express, field, or conflict) could potentially apply in this case, and why?

2. In your opinion, should the federal law override the state law in this scenario? Why or why not?

Reference no: EM133811192

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