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Federal Preemption

When federal and state whistleblower laws conflict, the federal laws preempt the state laws. Because states tend to have traditionally been responsible for employment issues, courts have been leery of finding preemption when it comes to whistleblower statutes. However, in some instances they have found such preemption exists. The test seems to be whether the federal law concerns an area of strong enough federal concern that it did not leave room for state regulation. Preemption cases involving whistleblower statutes have yielded mixed results over the past two decades.

Inside Federal Preemption