Bayada Nurses Inc. V. Department Of Labor Case Study

Decent Essays
The first example I found was Bayada Nurses, Inc v. Department of Labor and Industry. This case stated that Bayada was required to pay its home health aides time and a half for hours worked over forty hours a week. The federal labor laws states that home health agencies are exempt from having to pay overtime. However the Pennsylvania court stated they could not rely on the exemption and indeed had to pay overtime.

Another example of federal versus state laws was Pennsylvania vs. Nelson. This case involved the federal governments Smith Act which makes it a crime to advocate for the overthrow of the government versus Pennsylvania’s Sedition Act which prohibits it. Pennsylvania claimed there law superseded that law because it came first. However

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