Michael Giambona
Subscribe to Michael Giambona's PostsMichael Giambona’s practice focuses on employment litigation, defending employers and obtaining successful outcomes in state and federal cases ranging from single plaintiff wrongful termination claims to class-action misclassification and wage and hour claims. Michael also has experience with complex commercial litigation, specifically breach of contract and business tort matters. Read Michael Giambona's full bio.
The Art of Using Preemption to Defend Wage-and-Hour Cases
By Michael Giambona on Jun 25, 2019
Posted In Employment, Labor
Preemption technically means situations where federal law displaces state law: a function of the supremacy clause of the US Constitution. Often, lawyers speak of preemption even where it is one federal law displacing another or one state law displacing another. When statutory laws abut or overlap like tectonic plates, which should apply? As large-scale cases...
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