Sec. 402. Preemption
195 words·~1 min read·
/bill/118/hr/8639/ih/section-402A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Nothing in this Act (including the amendments made by this Act) or the regulations promulgated under this Act shall be construed to supersede or preempt any law or ordinance of a State, or political subdivision of a State, that requires limitations on any quota for a covered employee of a covered employer that are comparable to or greater than the protections provided in this Act. Nothing in this Act (including the amendments made by this Act) or the regulations promulgated under this Act shall be construed to supersede or preempt employment terms or conditions agreed upon in collective bargaining agreements that are more beneficial to a covered employee.
No action by the Director under this Act (including the amendments made by this Act) shall be construed as an exercise of statutory authority within the meaning of section 4(b)(1) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 653(b)(1) ). For purposes of this section, the terms Director , covered employee , covered employer , designated employee representative , and quota have the meanings given such terms in section 8(a) of the Fair Labor Standards Act of 1938 (as added by section 101).