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In California, when a union contract and state law are in conflict, then whichever provides more benefit to the employee prevails.
What else can I help you with?
Can a contract override the law in any circumstances?
Yes, a contract can override the law in certain circumstances if the parties involved agree to terms that are different from what the law dictates, as long as the contract is not illegal or against public policy.
Does the state constitution override federal law?
No, federal law supersedes state constitutions.
C Title VII can override the employment environment and conditions detailed in a written employment contract between an employer and an employee?
Yes, Title VII of the Civil Rights Act can override an employment contract if the terms in that contract conflict with the law. The contract cannot overrule because Title VII is codified law (is that the right term?) and therefore supersedes an employment contract.
Can federal law override a state constitution?
Yes, federal law can override a state constitution if there is a conflict between the two. Federal law, as established by the U.S. Constitution, is considered the supreme law of the land and takes precedence over state laws or constitutions.
What word best describe allows federal law to override state law?
preemption
Can federal law override a plea bargain in state court?
yes
Can title vii override the employment environment and conditions detailed in a written employent contract between an employer and a employee?
Title VII is a federal law and an employment agreement, whether verbal or written, must conform to the law. Correct - no contract can violate a statute; any clause that did so would be void. Individual and union employment contracts can never waive Title VII rights. But individual contracts can provide an alternate dispute resolution process, parallel to EEOC investigation, and denying the employee any right to sue in court. UNION contracts can't do that. [See Gilmer v. Interstate Johnson-Lane]
How did the Gibbons v. Ogden (1824) help establish the supremacy of the united state constitution?
study island: it gave Congress the authority to override state law to regulate commerce
Can a state law override a federal law?
Yes, a state law can be overridden by a federal law under the Supremacy Clause of the U.S. Constitution, which establishes that federal law takes precedence over conflicting state laws.
Does federal law prevail over union negotiated contracts?
Yes. Federal law, state law and even municipal law prevail over negotiated contracts. A contract that requires one party to violate the law (e.g. a contract for an assassination), or relies on a concept invalidated by law (e.g. a contract for the sale of a slave) is unenforceable. Any law suit for breach of such a contract would be dismissed as soon as the violation of the applicable law was demonstrated. This is common to all jurisdictions based on British common law.
What takes precedent a contract between two parties or state statute law?
The state laws will be applied over and above the contract. A contract cannot violate the law at any level of jurisdiction.
What has the author Thomas Wilhelmsson written?
Thomas Wilhelmsson has written: 'Social contract law and European integration' -- subject(s): Contracts, European Union, Law and legislation, Public welfare, Social aspects, Social aspects of Contracts, Social contract, Welfare state
