First I am in Delaware USA.
My roomate recently took a job with an inventory company.
Here are details.
1) Job advertised in Delaware State Newspaper, in Dover, DE.
2) Interviews done at the Department of Labor in Dover, Delaware.
3) Job pays $8.00 per hour while on the job site and minimum
wage while traveling (which can be extensive).
4) Job locations can be Delaware, Maryland, New Jersey, New York
(actually anywhere).


PROBLEM..
They want to pay minimum wage for Pennsyvania which is
a dollar an hour less than Delaware (Delaware is $6.15).
They state this because they do not yet have an office
in Delaware but should at some time.
Is this legal. I have not gone to the Department of
labor yet because the first line of help there has notoriously
been incorrect.

"David" <davids165@juno.com> wrote in message
news:4feda6e.0307101331.5d99bd8c@posting.google.co m... First I am in Delaware USA. My roomate recently took a job with an inventory company. Here are details. 1) Job advertised in Delaware State Newspaper, in Dover, DE. 2) Interviews done at the Department of Labor in Dover, Delaware. 3) Job pays $8.00 per hour while on the job site and minimum wage while traveling (which can be extensive). 4) Job locations can be Delaware, Maryland, New Jersey, New York (actually anywhere). PROBLEM.. They want to pay minimum wage for Pennsyvania which is a dollar an hour less than Delaware (Delaware is $6.15). They state this because they do not yet have an office in Delaware but should at some time. Is this legal. I have not gone to the Department of labor yet because the first line of help there has notoriously been incorrect.

Minimum wage is FEDERAL not state.
They only have to pay based on federal statutes.

"Richard" <anom@anom> wrote in message
news:bel0k001en6@enews2.newsguy.com... Minimum wage is FEDERAL not state. They only have to pay based on federal statutes.

Big surprise, our village idiot gets it wrong again. States can legislate
higher minimum wages those set under federal law.

On Thu, 10 Jul 2003 19:31:15 -0500, "Richard" <anom@anom> wrote:
"David" <davids165@juno.com> wrote in messagenews:4feda6e.0307101331.5d99bd8c@posting.go ogle.com...
First I am in Delaware USA. My roomate recently took a job with an inventory company. Here are details. 1) Job advertised in Delaware State Newspaper, in Dover, DE. 2) Interviews done at the Department of Labor in Dover, Delaware. 3) Job pays $8.00 per hour while on the job site and minimum wage while traveling (which can be extensive). 4) Job locations can be Delaware, Maryland, New Jersey, New York (actually anywhere). PROBLEM.. They want to pay minimum wage for Pennsyvania which is a dollar an hour less than Delaware (Delaware is $6.15). They state this because they do not yet have an office in Delaware but should at some time. Is this legal. I have not gone to the Department of labor yet because the first line of help there has notoriously been incorrect.Minimum wage is FEDERAL not state.They only have to pay based on federal statutes.

This is false. A company has to pay the higher of the federal and
state minimum wages.

------------------------------
Bob Stock, California Attorney
Nothing I've said should be relied on as legal advice.
------------------------------

"Zen Cohen" <aturny@hotmail.com> wrote in message
news:5_nPa.53206$XV.3450064@twister.austin.rr.com. .. "Richard" <anom@anom> wrote in message news:bel0k001en6@enews2.newsguy.com... Minimum wage is FEDERAL not state. They only have to pay based on federal statutes. Big surprise, our village idiot gets it wrong again. States can legislate higher minimum wages those set under federal law.

Yes they can, but they can not go below it, nor can they deny it.
A state may make a federal law more strict within the state, but they can
not deny it's existance.
It's a federal crime to grow marijuana. A state may not pass a law saying
that is legal to grow marijuana.
It's a federal law to have seatbelts in cars. The state enforces and
executes penalties for not having them or wearing them.

If the state of Pennsylvania does not have a minimum wage law which is more
strict, does that mean that employers can pay less than federal standards?
No, the employer must pay the federal minimum.

In article <belaof01ov1@enews3.newsguy.com>, "Richard" <anom@anom> wrote:
"Zen Cohen" <aturny@hotmail.com> wrote in messagenews:5_nPa.53206$XV.3450064@twister.austin. rr.com... "Richard" <anom@anom> wrote in message news:bel0k001en6@enews2.newsguy.com...> Minimum wage is FEDERAL not state. They only have to pay based on federal statutes. Big surprise, our village idiot gets it wrong again. States can legislate higher minimum wages those set under federal law.Yes they can, but they can not go below it, nor can they deny it.A state may make a federal law more strict within the state, but they cannot deny it's existance.It's a federal crime to grow marijuana. A state may not pass a law sayingthat is legal to grow marijuana.

Wrong again. A state can *absolutely* pass a law saying it is legal to
grow marijuana. But it doesn't mean you can grow it, because you are
still in violation of federal law. This is basically what's going on in
California right now.
It's a federal law to have seatbelts in cars. The state enforces andexecutes penalties for not having them or wearing them.

Are you sure about this? The federal government sets the regulations,
then lets entities over which they have no administrative control not only
enforce the rules, but execute and collect penalties for violating them?
What if a state decides not to enforce the seat belt rule? What if a
state interprets the rule differently from how the federal government
wants it interpreted?
If the state of Pennsylvania does not have a minimum wage law which is morestrict, does that mean that employers can pay less than federal standards?No, the employer must pay the federal minimum.

Minimum wage laws can't be measured in terms of "strictness." In
comparing a federal and state minimum wage law, one is higher than the
other. The higher minimum wage law prevails. This isn't strict or
lenient, it's just math.

In article <belb0401p7e@enews3.newsguy.com>, "Richard" <anom@anom> wrote:
"Bob Stock" <bstock@mindspring.com> wrote in messagenews:e85sgv01u3rg7s049f4gnr7bmvjqmb1v33@4ax .com... On Thu, 10 Jul 2003 19:31:15 -0500, "Richard" <anom@anom> wrote:"David" <davids165@juno.com> wrote in messagenews:4feda6e.0307101331.5d99bd8c@posting.go ogle.com...> First I am in Delaware USA.> My roomate recently took a job with an inventory company.> Here are details.> 1) Job advertised in Delaware State Newspaper, in Dover, DE.> 2) Interviews done at the Department of Labor in Dover, Delaware.> 3) Job pays $8.00 per hour while on the job site and minimum> wage while traveling (which can be extensive).> 4) Job locations can be Delaware, Maryland, New Jersey, New York> (actually anywhere).>>> PROBLEM..> They want to pay minimum wage for Pennsyvania which is> a dollar an hour less than Delaware (Delaware is $6.15).> They state this because they do not yet have an office> in Delaware but should at some time.> Is this legal. I have not gone to the Department of> labor yet because the first line of help there has notoriously> been incorrect.Minimum wage is FEDERAL not state.They only have to pay based on federal statutes. This is false. A company has to pay the higher of the federal and state minimum wages.If the state has higher standards and only within that state.If Mcdonalds has a business in state A and state A has higher standards,then they have to pay according to state A's laws. But do not have the samewages in state B if those standards are the federal standards.In either case, Mcdonalds must pay at least minimum federal wages.They can not pay less simply because the state has no precise law.

Correct. But this is different from your statement that "[t]hey ONLY have
to pay based on federal statutes." (emphasis added). State statutes are
relevant and controlling, too.

none@nowhere.com (Larry) wrote in message news:<none-1107030015090001@192.168.2.4>... In article <belb0401p7e@enews3.newsguy.com>, "Richard" <anom@anom> wrote:"Bob Stock" <bstock@mindspring.com> wrote in messagenews:e85sgv01u3rg7s049f4gnr7bmvjqmb1v33@4ax .com... On Thu, 10 Jul 2003 19:31:15 -0500, "Richard" <anom@anom> wrote: >"David" <davids165@juno.com> wrote in message >news:4feda6e.0307101331.5d99bd8c@posting.google.co m... >> First I am in Delaware USA. >> My roomate recently took a job with an inventory company. >> Here are details. >> 1) Job advertised in Delaware State Newspaper, in Dover, DE. >> 2) Interviews done at the Department of Labor in Dover, Delaware. >> 3) Job pays $8.00 per hour while on the job site and minimum >> wage while traveling (which can be extensive). >> 4) Job locations can be Delaware, Maryland, New Jersey, New York >> (actually anywhere). >> >> >> PROBLEM.. >> They want to pay minimum wage for Pennsyvania which is >> a dollar an hour less than Delaware (Delaware is $6.15). >> They state this because they do not yet have an office >> in Delaware but should at some time. >> Is this legal. I have not gone to the Department of >> labor yet because the first line of help there has notoriously >> been incorrect. > >Minimum wage is FEDERAL not state. >They only have to pay based on federal statutes. This is false. A company has to pay the higher of the federal and state minimum wages.
I have still not had my question answered.
First minimum wage in Delaware is $6.15 per hour.
My roommate was hired in Delaware to do work primarily
in Delaware BUT by a company in Pennsylvania (where
minimum wage is $5.15) Once again this company advertised
in Delaware and hired in Delaware at the Department of
Labor in Delaware. My question is...do they have
to follow Delaware's minimum wage or not. They DO NOT
have and "Office" in Delaware but this type of job
NEVER works at the "Office" anyway. I am trying to
find a statute, etc. that specifically covers
out of state employers hiring for in state work.
Thanks for your help.

Dave

>My roomate recently took a job with an inventory company.Here are details.1) Job advertised in Delaware State Newspaper, in Dover, DE.2) Interviews done at the Department of Labor in Dover, Delaware.3) Job pays $8.00 per hour while on the job site and minimumwage while traveling (which can be extensive).4) Job locations can be Delaware, Maryland, New Jersey, New York(actually anywhere).PROBLEM..They want to pay minimum wage for Pennsyvania which isa dollar an hour less than Delaware (Delaware is $6.15).They state this because they do not yet have an officein Delaware but should at some time.Is this legal.

The key thing is this: is your primary job location in Delaware or
Pennsylvania? This actually nothing to do with whether or not they have an
"office" in Delaware. They could, if they wanted, have an office in Delaware
and still hire Delaware residents to work out of Pennsylvania. Conversely,
they could have workers based in Delaware without having an actual office
there.

It sounds like they are probably planning on picking you up in Delaware each
morning, checking you in and putting you on the clock when they pick you up---
and then dropping you off each night in Delaware, taking you off the clock when
you get back to the dropoff point. If so, you are probably a Delaware
worker--- even if there is no actual permanent office in Delaware.

I would ask the Delaware Department of Labor about this issue. I would also
look for a better-paying job.


*****
Tim Horrigan <horrigan@aol.com>
*****

davids165@juno.com (David) wrote:
none@nowhere.com (Larry) wrote in message news:<none-1107030015090001@192.168.2.4>... In article <belb0401p7e@enews3.newsguy.com>, "Richard" <anom@anom> wrote:"Bob Stock" <bstock@mindspring.com> wrote in messagenews:e85sgv01u3rg7s049f4gnr7bmvjqmb1v33@4ax .com...> On Thu, 10 Jul 2003 19:31:15 -0500, "Richard" <anom@anom> wrote:>> >"David" <davids165@juno.com> wrote in message> >news:4feda6e.0307101331.5d99bd8c@posting.google.co m...> >> First I am in Delaware USA.> >> My roomate recently took a job with an inventory company.> >> Here are details.> >> 1) Job advertised in Delaware State Newspaper, in Dover, DE.> >> 2) Interviews done at the Department of Labor in Dover, Delaware.> >> 3) Job pays $8.00 per hour while on the job site and minimum> >> wage while traveling (which can be extensive).> >> 4) Job locations can be Delaware, Maryland, New Jersey, New York> >> (actually anywhere).> >>> >>> >> PROBLEM..> >> They want to pay minimum wage for Pennsyvania which is> >> a dollar an hour less than Delaware (Delaware is $6.15).> >> They state this because they do not yet have an office> >> in Delaware but should at some time.> >> Is this legal. I have not gone to the Department of> >> labor yet because the first line of help there has notoriously> >> been incorrect.> >> >Minimum wage is FEDERAL not state.> >They only have to pay based on federal statutes.>> This is false. A company has to pay the higher of the federal and> state minimum wages.>I have still not had my question answered.First minimum wage in Delaware is $6.15 per hour.My roommate was hired in Delaware to do work primarilyin Delaware BUT by a company in Pennsylvania (whereminimum wage is $5.15) Once again this company advertisedin Delaware and hired in Delaware at the Department ofLabor in Delaware. My question is...do they haveto follow Delaware's minimum wage or not. They DO NOThave and "Office" in Delaware but this type of jobNEVER works at the "Office" anyway. I am trying tofind a statute, etc. that specifically coversout of state employers hiring for in state work.Thanks for your help.Dave


Suggest you check with the folks who enforce the
minimum wage law in delaware. My guess is that unless
Federal law preempts, Delaware will have
a substantial interest in enforcing its own labor laws in this
circumstance. The folks below would know... the question
always is.... will they talk? hey!

Delaware Dept Labor
Division of Industrial Affairs
Office of Labor Law Enforcement

http://www.delawareworks.com/divisions/industaffairs/law.enforcement.htm

"Larry" <none@nowhere.com> wrote in message
news:none-1107030013090001@192.168.2.4... In article <belaof01ov1@enews3.newsguy.com>, "Richard" <anom@anom> wrote:"Zen Cohen" <aturny@hotmail.com> wrote in messagenews:5_nPa.53206$XV.3450064@twister.austin. rr.com... "Richard" <anom@anom> wrote in message news:bel0k001en6@enews2.newsguy.com... >> Minimum wage is FEDERAL not state. > They only have to pay based on federal statutes. Big surprise, our village idiot gets it wrong again. States can
legislate higher minimum wages those set under federal law.Yes they can, but they can not go below it, nor can they deny it.A state may make a federal law more strict within the state, but they cannot deny it's existance.It's a federal crime to grow marijuana. A state may not pass a law sayingthat is legal to grow marijuana. Wrong again. A state can *absolutely* pass a law saying it is legal to grow marijuana. But it doesn't mean you can grow it, because you are still in violation of federal law. This is basically what's going on in California right now.

You went through college law school, wind up as an assistant prosecutor and
this is what you're telling us is the truth? If that's the case, then any
state can rewrite the consitution at will.
Any state can rewrite any federal law they damn well please.
You know this for a fact, that it is illegal to posess certain automatic
weapons, if not any right?
Ok. So New York passes a law saying it is legal to posess them.
An ATF agent walks into a gun store, sees the weapons on sale and arrests
the owner.
Whose law takes precedence? Federal or state? Answer: Federal.
Now let's use the same scenario but now the state says the penaly is 10
years, where federal law says 7.
Being busted under federal law by a federal agent, which sentence is given?
Answer: Federal.
Can the same person, on the same offense be tried once again later under
state law? No.
That would be double jeopardy.



It's a federal law to have seatbelts in cars. The state enforces andexecutes penalties for not having them or wearing them. Are you sure about this? The federal government sets the regulations, then lets entities over which they have no administrative control not only enforce the rules, but execute and collect penalties for violating them? What if a state decides not to enforce the seat belt rule? What if a state interprets the rule differently from how the federal government wants it interpreted?

Because this involves the use of roadways and the federal government is not
set up to enforce minor infractions.
The CDL program is a federal mandated program but because the federal
government has no means to issue licenses in every state, they felt it was
best left to each state to enforce the laws. The states set the fees and
collect the fees. The states also enforce federal regulations in regards to
trucking laws of all kinds. If I am cited by an officer, I am cited under
federal laws, but the fine gets paid to the state.

If the state of Pennsylvania does not have a minimum wage law which is
morestrict, does that mean that employers can pay less than federal
standards?No, the employer must pay the federal minimum. Minimum wage laws can't be measured in terms of "strictness." In comparing a federal and state minimum wage law, one is higher than the other. The higher minimum wage law prevails. This isn't strict or lenient, it's just math.

<ahm> It isnt the same offense. Diffrent soverign, (state vs federal)
diffrent crime.


See:

http://www.princeton.edu/~lawjourn/Fall97/II1yuhan.html
<quote>

In United States v. Lanza, the Supreme Court ruled that the Double Jeopardy
Clause -- "nor shall any person be subject for the same offence to be twice
put in jeopardy of life or limb"23 -- does not preclude federal and state
prosecution for the same offense because of the idea that dual sovereignties
may have concurrent jurisdiction: "An act denounced as a crime by both
national and state sovereignties is an offense against the peace and dignity
of both and may be punished by each."24 Subsequent cases involving dual
sovereignty such as Herbert v. Louisiana, Abbate v. United States, Bartkus
v. Illinois, United States v. Wheeler, and Heath v. Alabama, have all upheld
the Lanza decision.
</quote>

As far as what the feds can regulate... It depends most of their authority
is under the
"Interstate Commerce Clause". Classic example they couldnt easily pass a
national seat
belt law. So what do they do? They blackmail the states to take away
federal highway
funds if they dont.



"Richard" <anom@anom> wrote in message
news:benfeb01iev@enews3.newsguy.com... "Larry" <none@nowhere.com> wrote in message news:none-1107030013090001@192.168.2.4... In article <belaof01ov1@enews3.newsguy.com>, "Richard" <anom@anom>
wrote:"Zen Cohen" <aturny@hotmail.com> wrote in messagenews:5_nPa.53206$XV.3450064@twister.austin. rr.com...> "Richard" <anom@anom> wrote in message> news:bel0k001en6@enews2.newsguy.com...> >> Minimum wage is FEDERAL not state.> > They only have to pay based on federal statutes.>> Big surprise, our village idiot gets it wrong again. States can legislate> higher minimum wages those set under federal law.>Yes they can, but they can not go below it, nor can they deny it.A state may make a federal law more strict within the state, but they
cannot deny it's existance.It's a federal crime to grow marijuana. A state may not pass a law
sayingthat is legal to grow marijuana. Wrong again. A state can *absolutely* pass a law saying it is legal to grow marijuana. But it doesn't mean you can grow it, because you are still in violation of federal law. This is basically what's going on in California right now. You went through college law school, wind up as an assistant prosecutor
and this is what you're telling us is the truth? If that's the case, then any state can rewrite the consitution at will. Any state can rewrite any federal law they damn well please. You know this for a fact, that it is illegal to posess certain automatic weapons, if not any right? Ok. So New York passes a law saying it is legal to posess them. An ATF agent walks into a gun store, sees the weapons on sale and arrests the owner. Whose law takes precedence? Federal or state? Answer: Federal. Now let's use the same scenario but now the state says the penaly is 10 years, where federal law says 7. Being busted under federal law by a federal agent, which sentence is
given? Answer: Federal. Can the same person, on the same offense be tried once again later under state law? No. That would be double jeopardy.It's a federal law to have seatbelts in cars. The state enforces andexecutes penalties for not having them or wearing them. Are you sure about this? The federal government sets the regulations, then lets entities over which they have no administrative control not
only enforce the rules, but execute and collect penalties for violating them? What if a state decides not to enforce the seat belt rule? What if a state interprets the rule differently from how the federal government wants it interpreted? Because this involves the use of roadways and the federal government is
not set up to enforce minor infractions. The CDL program is a federal mandated program but because the federal government has no means to issue licenses in every state, they felt it was best left to each state to enforce the laws. The states set the fees and collect the fees. The states also enforce federal regulations in regards
to trucking laws of all kinds. If I am cited by an officer, I am cited under federal laws, but the fine gets paid to the state.If the state of Pennsylvania does not have a minimum wage law which is morestrict, does that mean that employers can pay less than federal standards?No, the employer must pay the federal minimum. Minimum wage laws can't be measured in terms of "strictness." In comparing a federal and state minimum wage law, one is higher than the other. The higher minimum wage law prevails. This isn't strict or lenient, it's just math.

In article <benfeb01iev@enews3.newsguy.com>, "Richard" <anom@anom> wrote:
"Larry" <none@nowhere.com> wrote in messagenews:none-1107030013090001@192.168.2.4... In article <belaof01ov1@enews3.newsguy.com>, "Richard" <anom@anom> wrote: Wrong again. A state can *absolutely* pass a law saying it is legal to grow marijuana. But it doesn't mean you can grow it, because you are still in violation of federal law. This is basically what's going on in California right now.You went through college law school, wind up as an assistant prosecutor andthis is what you're telling us is the truth? If that's the case, then anystate can rewrite the consitution at will.

I'm not an "assistant prsosecutor," I am a prosecutor.
Any state can rewrite any federal law they damn well please.

No they can't.
You know this for a fact, that it is illegal to posess certain automaticweapons, if not any right?

Yes, it is. By federal law.

Ok. So New York passes a law saying it is legal to posess them.An ATF agent walks into a gun store, sees the weapons on sale and arreststhe owner.Whose law takes precedence? Federal or state? Answer: Federal.

There are two issues here: preemption and dual sovereignty. As to
preemption, if the federal law is intended to be the be-all-and-end-all in
the field, then the NY law is preempted, and is null.

But if the federal law does not intend to preempt the state law, then BOTH
laws are valid and people must comply with BOTH of them. That's why, in
the OP's situation, you must pay the higher of the state and federal
minimum wages.

Suppose the state minimum wage is $6 and the federal minimum wage is $5.
If I pay $8., I'm legal by all accounts. If I pay $5.50, I am in
compliance with the federal law, but not the state law. If I pay $4, I am
in violation of both the federal and state laws. Get it?

So back to your automatic weapon scenario. If the federal government says
I can't own a XYZ gun but New York says I can, then you bet an ATF agent
can arrest me and I'd be prosecuted for violating federal law. But if it
was *also* against NY law, then I could be arrested by ATF for violating
the federal law, *AND* arrested by the NYPD and prosecuted for violating
the state law (and -please- don't argue double jeopardy here, it's
completely inapplicable). This is the definition of dual sovereignty -
there are two governments that can and do make laws in certain fields, and
each government is responsible for enforcing their own laws. Get it?

Now let's use the same scenario but now the state says the penaly is 10years, where federal law says 7.Being busted under federal law by a federal agent, which sentence is given?Answer: Federal.Can the same person, on the same offense be tried once again later understate law? No.That would be double jeopardy.

NO NO NO NO NO NO NO.

Double jeopady DOES NOT apply to cases prosecuted by different
jurisdictions. You are NOT being tried twice for the same crime. You're
being tried once by the US for violating a federal law, and then tried the
second time by the DA's office for violating a state law. Double jeopardy
ONLY applies when the SAME governmental entity tries you twice for the
same conduct.
It's a federal law to have seatbelts in cars. The state enforces andexecutes penalties for not having them or wearing them. Are you sure about this? The federal government sets the regulations, then lets entities over which they have no administrative control not only enforce the rules, but execute and collect penalties for violating them? What if a state decides not to enforce the seat belt rule? What if a state interprets the rule differently from how the federal government wants it interpreted?Because this involves the use of roadways and the federal government is notset up to enforce minor infractions.

You think Ford coming out with a new car model that lacks seatbelts is a
"minor infraction"?

"Larry" <none@nowhere.com> wrote in message
news:none-1107032055410001@192.168.2.4... In article <benfeb01iev@enews3.newsguy.com>, "Richard" <anom@anom> wrote:"Larry" <none@nowhere.com> wrote in messagenews:none-1107030013090001@192.168.2.4... In article <belaof01ov1@enews3.newsguy.com>, "Richard" <anom@anom>
wrote: Wrong again. A state can *absolutely* pass a law saying it is legal to grow marijuana. But it doesn't mean you can grow it, because you are still in violation of federal law. This is basically what's going on
in California right now.You went through college law school, wind up as an assistant prosecutor
andthis is what you're telling us is the truth? If that's the case, then anystate can rewrite the consitution at will. I'm not an "assistant prsosecutor," I am a prosecutor.

No, you're not. You're an anonymous a**hole.Any state can rewrite any federal law they damn well please. No they can't.

For once, you're correct.
You know this for a fact, that it is illegal to posess certain automaticweapons, if not any right? Yes, it is. By federal law.

How 'bout if you have a licence, creep?

On Fri, 11 Jul 2003 20:55:11 -0400, none@nowhere.com (Larry) wrote:
But if the federal law does not intend to preempt the state law, then BOTHlaws are valid and people must comply with BOTH of them. That's why, inthe OP's situation, you must pay the higher of the state and federalminimum wages.

"No provision of this chapter or of any order thereunder shall excuse
noncompliance with any Federal or State law or municipal ordinance
establishing a minimum wage higher than the minimum wage established
under this chapter."

29 U.S.C. sec. 218(a).

------------------------------
Bob Stock, California Attorney
Nothing I've said should be relied on as legal advice.
------------------------------

In article <vguoniphllna00@corp.supernews.com>, "Larry Smith"
<dbrigman3@charter.net> wrote:
"Larry" <none@nowhere.com> wrote in messagenews:none-1107032055410001@192.168.2.4... In article <benfeb01iev@enews3.newsguy.com>, "Richard" <anom@anom> wrote:"Larry" <none@nowhere.com> wrote in messagenews:none-1107030013090001@192.168.2.4...> In article <belaof01ov1@enews3.newsguy.com>, "Richard" <anom@anom>wrote:>> Wrong again. A state can *absolutely* pass a law saying it is legal to> grow marijuana. But it doesn't mean you can grow it, because you are> still in violation of federal law. This is basically what's going onin> California right now.>You went through college law school, wind up as an assistant prosecutorandthis is what you're telling us is the truth? If that's the case, then anystate can rewrite the consitution at will. I'm not an "assistant prsosecutor," I am a prosecutor.No, you're not. You're an anonymous a**hole.

First of all, they're not mutually exclusive. That being said, I'm not
anonymous, nor am I an a**hole. Unlike you, I post legal commentary,
offer my opinions, make suggestions, and try to explain concepts and
answer questions.
Any state can rewrite any federal law they damn well please. No they can't.For once, you're correct.You know this for a fact, that it is illegal to posess certain automaticweapons, if not any right? Yes, it is. By federal law.How 'bout if you have a licence, creep?

There are numerous weapons that are illegal to possess, regardless of
whether or not you have a permit to carry or possess a handgun or other
gun.

On 11 Jul 2003 05:55:38 -0700, davids165@juno.com (David) wrote:
I have still not had my question answered.

It's not an easy question.
First minimum wage in Delaware is $6.15 per hour.My roommate was hired in Delaware to do work primarilyin Delaware BUT by a company in Pennsylvania (whereminimum wage is $5.15) Once again this company advertisedin Delaware and hired in Delaware at the Department ofLabor in Delaware. My question is...do they haveto follow Delaware's minimum wage or not. They DO NOThave and "Office" in Delaware but this type of jobNEVER works at the "Office" anyway. I am trying tofind a statute, etc. that specifically coversout of state employers hiring for in state work.

I don't know anything about Delaware or Pennsylvania law. I'm not
even sure what the answer would be in California if a similar conflict
arose, but if I had to *guess,* work done in Delaware must be paid at
Delaware's minimum wage.

------------------------------
Bob Stock, California Attorney
Nothing I've said should be relied on as legal advice.
------------------------------

On Sat, 12 Jul 2003 08:33:46 -0700, Bob Stock <bstock@mindspring.com>
wrote:
I don't know anything about Delaware or Pennsylvania law. I'm noteven sure what the answer would be in California if a similar conflictarose, but if I had to *guess,* work done in Delaware must be paid atDelaware's minimum wage.

I want to change my guess ( :-) ), or at least add another more likely
scenario. Whatever state court a lawsuit is filed in would analyze
the issue under its own state's conflicts law to determine which
state's laws should be followed and then apply that state's laws.
From the OP's description, it *sounds* like Delaware's laws would
apply.

If a claim were brought to Delaware's labor department -- assuming
Delaware accepts such claims -- it would be a preliminary,
jurisdictional issue that the Delaware agency would have to decide
before pursuing the merits.

------------------------------
Bob Stock, California Attorney
Nothing I've said should be relied on as legal advice.
------------------------------

Richard wrote:
Can the same person, on the same offense be tried once again later under state law? No. That would be double jeopardy.

Wrong again, Mr. Bullis.

The same offense can be made a crime under federal law and under state law and
the person can be tried by both governments. To me it smacks of double jeopardy
but it is not. The state and federal government operate under the "dual
sovereignty" rule, which means a prosecution - or acquittal - by one does not
bar prosecution by the other.

This is what happened in the police brutality case involving Rodney King. The
police officers were acquitted in state court, and were then retried under
federal law, and some of them were convicted. The same thing has been done in
some white supremacy and civil rights cases to go after people who were
acquitted in state court, to prosecute them federally/

--
Paul Robinson "Above all else... We shall go on..."
"...And continue!"
"If the lessons of history teach us anything it is
that nobody learns the lessons that history teaches us."

davids165@juno.com (David) wrote in message news:<4feda6e.0307281409.6d9aad40@posting.google.com>... horrigan@aol.com (Horrigan) wrote in message news:<20030711123307.00183.00000410@mb-m03.aol.com>... Just a followup. The company Washington Inventory Service agreed verbally that the Delaware hired people would get an initial traning/travel over an hour wage of the minimum wage in Delaware. The problem now is actually getting paid AT ALL(payday was the 25th..no pay) My roomate quit the job because it was just not worth it and we have come to find out they have a reputation for not paying people. The last job she worked was in New Jersey on a Friday...the travel time was a total of SIX hours. Even a crap job in this area generally pays $7.50 an hour without all the travel time. Thanks to those that posted helpful information. Have a great week. Dave

Another followup...my roomate FINALLY got 2 checks from
this company (Washington Inventory Service) for $160.00 (about
$100.00 short of what my roomate kept track of). My roomate
decided to just take that and walk away. BUT...then
yesterday we checked the mail and they had STOPPED PAYMENT
on the checks and of course we got charged $12.00 each for
the bounced checks. She is going to the Department of Labor
here AND the court house to sue for the WHOLE amount and fees
that we are out (and court costs). Any other advice would be
appreciated. Don't think this should be to complicated...companies
are not allowed to bounce payroll checks! (what slime!)
Thanks for your time.

Dave

With all your petty bickering over unrelated issues, no one helped Dave with his problem! I think he needed assistance with his minimum wage issue, NOT a testosterone tug of war!!!

And, Dave hasn't been back for three years. So why chastize responders who haven't been here in three years either? :rolleyes:

att604, before you chastise posters, most of whom were not even here during Dave's problem, perhaps you should check the date. That post was from 2003.

If your roommate is sent to work in Delaware and is being paid Delaware minimum wage, there are no laws being broken. Federal Minimum Wage is 5.15, your roommate's employer has to observe this and Delaware's minimum wage law. As long as he is not violating Delaware's law by paying him below Delaware's established minimum wage, they are abiding by the law. Both Federal and State. If they were to pay him less than that, then they would be in violation of Delaware's law.
There are companies that value their employees and will pay them the same rate no matter where they go, but this are companies that have established such policies to increase the quality of work of their employees.
I would tell you roommate to look for another job if it bothers him.

juvevk the original post in this now twice necroposted thread is 5 years old. I'm sure the OP has moved on by now.