46 Cited authorities

  1. Medtronic, Inc. v. Lohr

    518 U.S. 470 (1996)   Cited 2,412 times   35 Legal Analyses
    Holding that the presence of a state-law damages remedy for violations of FDA requirements does not impose an additional requirement upon medical device manufacturers but "merely provides another reason for manufacturers to comply with . . . federal law"
  2. Cipollone v. Liggett Group, Inc.

    505 U.S. 504 (1992)   Cited 2,399 times   9 Legal Analyses
    Holding that an express warranty was not a "requirement ... imposed under State law" because the obligation was imposed by the warrantor
  3. New York State Blue Cross Plans v. Travelers Ins

    514 U.S. 645 (1995)   Cited 1,550 times   24 Legal Analyses
    Holding that a statute imposing a surcharge on "[p]atients served by commercial insurers providing in-patient hospital coverage on an expense-incurred basis, by self-insured funds directly reimbursing hospitals, and by certain workers' compensation, volunteer firefighters' benefit, ambulance workers' benefit, and no-fault motor vehicle insurance funds" . . . "cannot be said to make 'reference to' ERISA plans in any manner" because the surcharge applied "regardless of whether the commercial coverage or membership, respectively, [wa]s ultimately secured by an ERISA plan, private purchase, or otherwise"
  4. Albemarle Paper Co. v. Moody

    422 U.S. 405 (1975)   Cited 2,610 times   5 Legal Analyses
    Holding that an employment policy cannot stand if another policy, "without a similarly undesirable racial effect, would also serve the employer's legitimate interest"
  5. Gade v. National Solid Wastes Management Ass'n

    505 U.S. 88 (1992)   Cited 887 times   10 Legal Analyses
    Holding that "nonapproved state regulation of occupational safety and health issues for which a federal standard is in effect is impliedly preempted" by OSHA's standard
  6. Jones v. Rath Packing Co.

    430 U.S. 519 (1977)   Cited 1,187 times   3 Legal Analyses
    Holding that the presumption is weaker, if triggered at all, where there is not a tradition of state legislation
  7. Silkwood v. Kerr-McGee Corp.

    464 U.S. 238 (1984)   Cited 914 times   1 Legal Analyses
    Holding that state award of punitive damages to person injured in nuclear incident did not conflict with federal remedial scheme regulating safety aspects of nuclear energy
  8. Chamber of Commerce v. Whiting

    563 U.S. 582 (2011)   Cited 331 times   6 Legal Analyses
    Holding that Congress’s express reservation of state authority to impose certain civil sanctions means what it says
  9. Fla. Avocado Growers v. Paul

    373 U.S. 132 (1963)   Cited 1,567 times   3 Legal Analyses
    Holding federal regulation concerning maturity of avocados did not preempt California regulation, where it was not impossible for growers to comply with both regulations
  10. Rice v. Santa Fe Elevator Corp.

    331 U.S. 218 (1947)   Cited 2,164 times   11 Legal Analyses
    Holding that the clear statement rule may be satisfied where "the Act of Congress ... touch[es] a field in which the federal interest is so dominant that the federal system will be assumed to preclude enforcement of state laws on the same subject."
  11. Section 12900 - Short title

    Cal. Gov. Code § 12900   Cited 2,240 times   9 Legal Analyses

    This part may be known and referred to as the "California Fair Employment and Housing Act." Ca. Gov. Code § 12900 Amended by Stats 2022 ch 48 (SB 189),s 29, eff. 6/30/2022(amended Part heading). Added by Stats. 1980, Ch. 992.

  12. Section 1324a - Unlawful employment of aliens

    8 U.S.C. § 1324a   Cited 580 times   44 Legal Analyses
    Authorizing the Attorney General to pursue injunctive relief and criminal sanctions in federal district court
  13. Section 1324c - Penalties for document fraud

    8 U.S.C. § 1324c   Cited 130 times
    Criminalizing the failure to disclose that a person received a "fee or other remuneration" for assisting with false applications for immigration benefits
  14. Section 1324b - Unfair immigration-related employment practices

    8 U.S.C. § 1324b   Cited 119 times   60 Legal Analyses
    Permitting the administrative law judge to award an attorney's fee to the prevailing party "if the losing party's argument is without reasonable foundation in law and fact"
  15. Section 1171.5 - Legislative findings

    Cal. Lab. Code § 1171.5   Cited 33 times   1 Legal Analyses
    Extending all protections under state law to those who have “been employed” in this state, which includes “all individuals regardless of immigration status”
  16. Section 1871 - State laws and regulations

    29 U.S.C. § 1871   Cited 7 times

    This chapter is intended to supplement State law, and compliance with this chapter shall not excuse any person from compliance with appropriate State law and regulation. 29 U.S.C. § 1871 Pub. L. 97-470, title V, §521, Jan. 14, 1983, 96 Stat. 2599. STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATESection effective 90 days from Jan. 14, 1983, see section 524 of Pub. L. 97-470 set out as a note under section 1801 of this title.