Bank of Amicus Briefs and Legal Documents
This page houses amicus briefs and is meant to be used as a guide for insight into state preemption topics. View all briefs.
Zdanko v. American Airlines: Amicus Brief by A Better Balance in Support of Zdanko
This amicus brief was submitted by A Better Balance in support of an American Airlines employee who was denied paid sick leave, arguing that Arizona’s Earned Paid Sick Time Act covered the employee even though he was also covered by a Collective Bargaining Agreement.
San Antonio v. Assoc. Builders and Contractors: Amicus Brief by A Better Balance
Amicus brief submitted by A Better Balance in support of San Antonio’s paid sick leave law, arguing that the ordinance should not be preliminarily enjoined.
San Antonio v. Assoc. Builders and Contractors: Amicus Brief by Local Government Law Professors
Amicus brief submitted by state and national local government law professors in support of San Antonio’s paid sick leave law, arguing that the city has authority to enact the law and that such authority has not been preempted.
International Franchise Ass’n v. NYC: Professors Amicus
Amicus brief submitted in support of the validity of New York City’s Fair Workweek Law, arguing that local regulations should enjoy a presumption of validity and that the Fair Workweek Law is not preempted by existing state labor law.
Minneapolis v. Minnesota Chamber of Commerce, et al (Court of Appeals): Amicus Brief by ABB et al.
Amicus brief submitted by SEIU Local 26, TakeAction Minnesota, Centro de Trabajadores Unidos en la Lucha, and A Better Balance, arguing that Minneapolis’s Sick and Safe Time Law does not have an impermissible extraterritorial effect.
Texas Ass’n of Business v. City of Austin: Amicus Brief by A Better Balance
Amicus brief by A Better Balance before the Texas 3rd Court of Appeals in support of Austin’s Earned Sick Time Ordinance, arguing that, because paid sick leave laws like Austin’s do not harm businesses and provide significant benefits to workers, the court should not temporarily enjoin the ordinance while it is being challenged.
Texas Ass’n of Business v. City of Austin: Amicus Brief by Law Professors
Amicus brief by a group of law professors specializing in local government law and related fields, before the Texas 3rd Court of Appeals, describing the history and purpose of the Texas Home Rule Amendment and arguing that Texas’s minimum wage law does not preempt Austin’s Earned Sick Time Ordinance.
Texas Ass’n of Business v. City of Austin: Amicus Brief by Workers Defense Project et al.
Amicus brief by the Workers Defense Project, Austin workers, businesses, and advocacy organizations arguing that Austin’s Earned Sick Time Ordinance should not be temporarily enjoined because the plaintiffs challenging the ordinance have failed to demonstrate (1) that the ordinance is unduly burdensome to businesses in relation to the underlying government interest of protecting the health and safety of Austin residents, (2) that there was no rational reason to allow employers operating under a collective bargaining agreement to modify the cap of required paid sick leave, and (3) that the records-keeping requirement under the ordinance would subject businesses to unreasonable searches and seizures.
Cleveland v. Ohio (OH Supreme Court): Amicus Brief by the Campaign to Defend Local Solutions et al.
Amicus brief submitted in support of Cleveland, arguing the enactment of Cleveland’s Fannie Lewis local hire law was an exercise of the city’s police powers, that the state law prohibiting Ohio municipalities from adopting local hire requirements violates Ohio’s Home Rule doctrine, and that the state’s attempt to preempt Cleveland’s local hire law is part of a troubling nationwide assault on Home Rule.
Florida Retail Federation v. Miami Beach: Amicus Brief by Coral Gables
Amicus brief submitted in support of Miami Beach’s minimum wage ordinance, arguing that the Florida Constitution authorizes municipalities to adopt a higher minimum wage than the state’s.
Cleveland v. Ohio (Court of Appeals): Amicus Brief by the Campaign to Defend Local Solutions et al.
Amicus brief submitted in support of Cleveland, arguing that the state law prohibiting Ohio municipalities from adopting local hire requirements violates Ohio’s Home Rule doctrine and is part of a troubling nationwide assault on Home Rule.
Lewis v. Bentley: Amicus Brief by the NAACP and Campaign Legal Center
This amicus brief was submitted in support of NAACP’s appeal, arguing that the Federal Voting Rights Act allows minority voters to bring private enforcement actions against states.
Lewis v. Bentley: Amicus Brief by Partnership for Working Families & SPLC
This amicus brief was submitted in support of NAACP’s appeal, arguing that the Alabama state law preempting Birmingham’s minimum wage ordinance does violate the Equal Protection Clause of the U.S. Constitution.
Lewis v. Bentley: Amicus Brief by Mayors and Local Progress
This amicus brief submitted was in support of NAACP’s appeal, arguing that preemption of local minimum wage ordinances undermines the ability of policymakers to respond to local economic conditions, that such preemption disproportionately impacts African American workers, and that higher local minimum wages are a sound policy idea.
Florida Retail Federation v. Miami Beach: Amicus Brief by Legal Scholars
Amicus brief submitted in support of Miami Beach’s minimum wage ordinance, arguing that the Minimum Wage Amendment to the Florida Constitution explicitly preserved local power to adopt a higher minimum wage than the state’s.